Kisan Tandon v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9664 of 2018

1. Kisan Tandon, S/o Kapil Das Tandon, aged about 36 years, R/o Kosmandi, Thana Palari, District Baloda Bazar Bhatapara (CG).

2. Rajendra Kurre, S/o Devcharan Kurre, aged about 36 years, R/o Chhadiya, Thana Palari, District Baloda Bazar Bhatapara (CG).

3. Ashok Miri, S/o Butu Miri, aged about 40 years, R/o Dharashiv, Thana Kasdol, District Baloda Bazar Bhatapara (CG). ---- Applicants

Versus

State of Chhattisgarh, through Police Station City Kotwali, Balodabazar(CG). ---- Non-applicant For Applicants : Ms. Supriya Upasane, Advocate.

For Non-applicant : Mr. Ramakant Pandey, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 11.12.2018 1.

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

2.

The applicants have been arrested in connection with Crime No.704/2018 registered at Police Station City Kotwali, Balodabazar for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act. 3.

Case of the prosecution, in brief is that on 11.11.2018, 8.820 bulk liters country made liquor has been seized from the applicants. 4.

Counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case, therefore, they 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 applicants 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 applicants furnish one solvent surety for a sum of Rs.25,000/- each along with a personal bond of Rs.25,000/- each to the satisfaction of the concerned Trial Court, they be released on bail.

7.

Certified copy as per rules.

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