Chandrika Prasad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9007 of 2018 Chandrika Prasad, son of Shri Baishaku Patel, aged about 34 years, R/o Village Chatchoura, Police Station and Tahsil Pachpedi, Civil and Revenue District Bilaspur (CG).

---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Excise Circle, Masturi, District Bilaspur (CG). ---- Non-applicant For Applicant : Mr. Vinod Kumar Tekam, Advocate For Non-applicant : Mr. Neeraj Kumar Sharma, Dy. Govt. Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 26.11.2018 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.49/2018 registered at Police Station Excise Circle Masturi, Civil and Revenue District Bilaspur for the offence punishable under Sections 34(1)(2) & 59(A) of the Chhattisgarh Excise Act.

3.

Case of the prosecution, in brief is that on 16.10.2017, 12.00 bulk liters foreign 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