Radhe Nayak v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.409 of 2019 Radhe Nayak, S/o Harihar Nayak, aged about 52 years, R/o Village Kermeli, Thana Dongripali, Tahsil Baramkela, District Raigarh (CG). ---- Applicant

Versus

State of Chhattisgarh, through Police Station Dongripali, District Raigarh (CG). ---- Non-applicant For Applicant : Mr. Avinash K. Mishra, Adv. on behalf of Mr. Anshuman Rabra, Advocate.

For Non-applicant : Mr. S.R. J. Jaiswal, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 16.01.2019 1.

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

2.

The applicant has been arrested in connection with Crime No.48/2018 registered in Police Station Dongripali for the offence punishable under Sections 34(2) & 59(A) of the Chhattisgarh Excise Act. 3.

Prosecution story in brief is that on 25.08.2018, 42.00 bulk liters hand made country 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 submits that previously one criminal case under the Excise 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/-