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High Court Of ChhattisgarhMCRC/9391/2018allowed

Kakem Narayan v. State Of Chhattisgarh

2018-12-01Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9391 of 2018

1. Kakem Narayan, S/o late Chandraiya Kakem, aged about 39 years, Caste Dorala (S.T.).

2. Mukesh Kakem, S/o Shri Ankati, aged about 26 years, Caste Dorala (S.T.).

3. Pinky @ Jankai Korasa, D/o Shri Ramaiya Korasa, aged about 32 years, Caste Dorala (S.T.).

All are R/o Village Aawapalli, Police Station Aawapalli, Revenue District Beejapur, Civil District Dantewada (CG). ---- Applicants

Versus

State of Chhattisgarh, through Station House Officer, Police Station Aawapalli, Revenue District Beejapur, Civil District Dantewada (CG). ---- Non-applicant For Applicants : Mr. Parasmani Shriwas, Advocate.

For Non-applicant : Mr. Satish Gupta, Govt. Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 01.12.2018 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.11/2018 registered at Police Station Aawapalli, District Beejapur for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3.

Case of the prosecution, in brief is that on 04.11.2018, 61.740 bulk liters of 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 antecedents 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) JUDGE