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High Court Of ChhattisgarhMCRC/8378/2018allowed

S. Sunil v. State Of Chhattisgarh

2018-10-31Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8378 of 2018 S. Sunil S/o S.Anand Aged About 25 Years R/o Camp -1 Sunder Nagar Bhilai District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer ,chhawani Bhilai District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Respondent For the Applicant :

Shri Vikas Shrivastava, Advocate appears on behalf of Shri Anurag Jha, Advocate For the State :

Shri R.K. Pandey, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /10/2018 1.

This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court. 2.

The applicant has been arrested in connection with Crime No.740/2018 registered in Police Station Chhawani, District Durg (C.G.) for the offence punishable under Section 34(2) of CG Excise Act. 3.

Case of the prosecution, in brief is that on 03/10/2018, 5.400 bulk liters of country made liquor has been seized from the possession of the applicant. 4.

Counsel for the applicant argued that the applicant is innocent and has been falsely implicated, hence, he be released on bail. 5.

On the other hand, the State opposed the bail application. He further submits that three other criminal cases have been registered against the applicant out of which two under IPC and one under Excise Act. 6.

Looking to the above facts and circumstances of the case, the application is allowed. It is ordered that if the applicant furnishes two solvent sureties each for a sum of Rs. 25,000/- along with one personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned with the condition that he will not involve himself in any of the crime in future, he be released on bail. 7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde