Khageshwar Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8383 of 2018 Khageshwar Yadav, son of Shri Tilak Ram Yadav, aged about 35 years, R/o village Seenapali, Police Station & Post Office Devbhog, District Gariyaband(CG). ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Devbhog District Gariyaband (CG). ---- Non-applicant For Applicant : Mr. Shivendu Pandya, Advocate.

For Non-applicant : Mr. Neeraj Kumar Sharma, Dy.G.A.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 30.10.2018 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2.

The applicant has been arrested in connection with Crime No.153/2018 registered at Police Station Devbhog, District Gariyaband for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3.

Case of the prosecution, in brief is that on 06.10.2018, 15.00 bulk liters hand made country liquor has been seized from the applicant. 4.

Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, therefore, he may be released on bail.

5.

On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedent is reported against the applicant in police case diary.

6.

Looking to the above facts and circumstances of the case, the application is allowed. It is directed that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond of Rs.25,000/- to the satisfaction of the concerned Trial Court, he be released on bail. 7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE L/-