Kamlesh Nishad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9809 of 2018

1. Kamlesh Nishad S/o Mayaram Nishad Aged About 25 Years R/o Village Nayapara, Rajim Police Station Gobra Nayapara District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. Deepchand Sahu S/o Dhalu Ram Sahu Aged About 21 Years R/o Village Nayapara, Rajim Police Station Gobra Nayapara District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Kurud District Dhamtari, Chhattisgarh, District : Dhamtari, Chhattisgarh ---- Respondent For the Applicants :

Shri Pradeep Singh, Advocate For the State :

Shri A.K. Swarnkar, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /01/2019 1.

This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court. 2.

The applicants have been arrested in connection with Crime No.500/2018 registered in Police Station Kurud, District Dhamtari (C.G.) for the offence punishable under Section 34(2) of CG Excise Act. 3.

Argument heard.

4.

Case of the prosecution, in brief is that on 16/11/2018, 8.250 bulk liters of foreign liquor has been seized from the possession of the applicants. 5.

Counsel for the State submits that there is no antecedents of the applicants is reported 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 one personal bond of Rs. 25,000/- each to the satisfaction of the trial Court concerned, they be released on bail. 7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde