Kishan Kumar Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9628 of 2018

1. Kishan Kumar Sahu, S/o Shri Faguva Sahu, aged about 20 years, R/o Village Amlidih, P.S. Lorami, Tahsil Lorami, District Mungeli (CG).

2. Umashankar Jaiswal, S/o Shri Nandram Jaiswal, aged about 18 years, R/o Village Bodtara Kala, P.S. Lorami, Tahsil Lorami, District Mungeli (CG). ---Applicants

Versus

State Of Chhattisgarh, through Police Station Lorami, District Mungeli (CG). ---- Non-applicant For Applicants : Mr. R.K. Jain, Advocate.

For Non-applicant : Mr. Satish Gupta, Govt. Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 07.12.2018 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.499/2018 registered at Police Station Lorami, District Mungeli for the offence punishable under Sections 34(1)(A), 34(2) & 59(A) of the Chhattisgarh Excise Act.

3.

Case of the prosecution, in brief is that on 16.11.2018, 22.68 bulk liters country made liquor has been seized from the applicant No.1-Kishan Kumar Sahu and applicant No.2-Umashankar Jaiswal was accompanied to applicant No.1.

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 furnishes 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 L/-