Paresh Gupta & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9405 of 2018

1. Paresh Gupta S/o Late Satish Gupta Aged About 46 Years

2. Rohit Gupta S/o Rajesh Gupta Aged About 34 Years Both R/o- Juni Line, Bilaspur, P.S.- City Kotwali, Bilaspur, Tahsil And District- Bilaspur, CG ---- Applicants

Versus

State Of Chhattisgarh Through- Police Station- City Kotwali, Bilaspur, District- Bilaspur, CG ---- Respondent For applicant Mr. Kishore Bhaduri, Adv.

For Respondent/State Mr. Suryakant Mishra, PL.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 10-121. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and their no bail application is pending before any other court.

2. The applicants have been arrested in connection with Crime No. 493/2018 registered in police station City Kotwali, Bilaspur, Distt. Bilaspur (CG) for offence punishable under Section 34(2) and 59(a) of the Excise Act.

3. Prosecution story in brief is that on 17-11-2018 in vehicle Mahindra car TUV 300 bearing registration No. CG 10 AL 8976, 129.060 bulk litres foreign liquor was found. In that vehicle, both the applicants were present. Aforesaid liquor was seized from applicant No. 1 Paresh Gupta.

4. Counsel for the applicants argued that the applicants are innocent and falsely implicated hence they may be released on bail.

5. On the other hand, the State Counsel opposed the bail application.

6. Looking to the facts and circumstances of the case, looking to the huge quantity of liquor seized in the matter, this Court is not inclined to grant bail to the applicants.

7. Consequently, the MCRC is dismissed.

Sd/- (Sharad Kumar Gupta) Judge pathak