Shankar Yadav v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.8860 of 2018 Shankar Yadav, S/o Itwari Yadav, aged about 32 years, R/o Village Bargaon, Thana Berla, District Bemetara (CG). ---- Applicant

Versus

State Of Chhattisgarh, through Police Station Berla, District Bemetara (CG). ---- Non-applicant For Applicant : Mr. Samir Singh, Advocate For Non-applicant : Mr. Ashok Kumar Swarnakar, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 16.11.2018 1.

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

2.

The applicant has been arrested in connection with Crime No.253/2018 registered in Police Station Berla, District Bemetara for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3.

Prosecution story in brief is that on 09.09.2018, 24.300 bulk liters foreign liquor has been seized from the applicant.

4.

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

On the other hand, counsel for the State opposed the bail application. He further submits that previously two criminal cases under Excise Act have already been registered against the applicant. 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 concerned Trial Court with the condition that 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) L/- JUDGE