R Mohan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.9294 of 2018 R. Mohan, S/o Shri R. Anthoney, aged about 55 years, R/o Near Dena Bank Chandra Shekhar Nagar Power House Bhilai, Police Station Chhawni, Bhilai, District Durg (CG). ---- Applicant

Versus

State of Chhattisgarh, through SHO, Police Station Chhawni, Bhilai, District Durg(CG). ---- Non-applicant For Applicant : Mr. Purnendra Khichariya, Advocate.

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

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 29.11.2018 1.

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

2.

The applicant has been arrested in connection with Crime No.668/2018 registered in Police Station Chhawni Bhilai, District Durg for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3.

Prosecution story in brief is that on 05.09.2018, 5.940 bulk liters country made 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 submitted that previously one criminal case under of IPC Act has 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) JUDGE L/-