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High Court Of ChhattisgarhMCRC/8782/2018allowed

Dhan Mohan Lahare @ Nanaki v. State Of Chhattisgarh

2018-11-14Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8782 of 2018 Dhan Mohan Lahare @ Nanaki, S/o Shri Bhoj Ram Lahare, aged about 20 years, R/o Village Bundeli, Police Chowki Adbhar, Police Station Malkharoda, Civil & Revenue District Janjgir Champa(CG). ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Chowki Adbhar, Police Station Malkharoda (wrongly mentioned through District Magistrate Janjgir), Civil & Revenue District Janjgir Champa(CG). ---- Non-applicant For Applicant : Mr. Paras Mani Shriwas, Advocate.

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

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 14.11.2018 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.243/2018 registered at Police Chawki Adbhar, Police Station Malkharoda, District Janjgir Champa for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

3.

Case of the prosecution, in brief is that on 23.10.2018, 8.00 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 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) L/- JUDGE