Satish Kumar Yadav vs State Of Chhattisgarh 16 Wps/922/2018 ... on 12 July, 2018

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Chattisgarh High Court

Satish Kumar Yadav vs State Of Chhattisgarh 16 Wps/922/2018 ... on 12 July, 2018

Bench: Sharad Kumar Gupta

                                                                       1

                                                                  NAFR

            HIGH COURT OF CHHATTISGARH, BILASPUR
                       MCRC No. 4849 of 2018
   • Satish Kumar Yadav S/o Shri Gopi Yadav Aged About 23 Years
     R/o Village Rahaud, Police Station Shivrinarayan, Civil And
     Revenue District Janjgir-Champa, CG
                                                            ----Applicant
                                Versus
   • State Of Chhattisgarh Through The Station House Officer, Excise
     Circle Akaltara (Wrongly Mentioned Through The District
     Magistrate Janjgir) Civil And Revenue District Janjgir-Champa,
     CG
                                                         ---- Respondent

For applicant Mr. Paras Mani Shrivas, Adv. For Respondent/State Mr. Dheeraj Wankhede, GA Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 12-7-2018

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

2. Perused the case diary provided by the learned counsel for the State in connection with Crime No.07/2018 registered at Police Station Excise Circle Akaltara, Distt. Janjgir-Champa (CG) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915.

3. Case of the prosecution, in brief, is that on 25.5.2018 at Kotmi Sonar, Ward No.7, Akaltara, Excise Sub Inspector Akaltara had seized 179.28 bulk liters of country made liquor from the joint possession of present applicant and co-accused Ashok Kumar Satnami, Umendra Ram Sahu, Narendra Yadav and Jitendra Sande.

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case, therefore, he may be released on bail. Charge sheet has also been filed.

5. On the other hand, learned counsel for the State opposes the 2 bail application.

6. Earlier this Court has rejected first bail application of the applicant on 12-6-2018 in MCRC No. 4074/2018. Filing of the charge sheet is not a sufficient ground to enlarge the applicant on bail.

7. There are no new circumstances which may entitle the applicant to be enlarged on bail.

8. The applicant is accordingly rejected.

Sd/-

(Sharad Kumar Gupta) Judge pathak

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