Shiv Kumar Jaiswal vs State Of Chhattisgarh 33 ... on 25 September, 2018

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Chattisgarh High Court

Shiv Kumar Jaiswal vs State Of Chhattisgarh 33 ... on 25 September, 2018

Bench: Sharad Kumar Gupta

                                           1




                                                                                 NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                             MCRC No. 6608 of 2018

    Shiv Kumar Jaiswal S/o Ram Bharos Jaiswal Aged About 65 Years R/o Village
     Kurripara, Sarbahara, P. S. Gaurela, Tahsil Pendra District Bilaspur
     Chhattisgarh

                                                                          ---- Applicant

                                       Versus

    State Of Chhattisgarh Through Police Station Incharge, P. S. Excise, Circle-
     Pendra, Tahsil Pendra, District Bilaspur Chhattisgarh

                                                                    ---- Non-applicant



For Applicant              : Ms. Hemlata Goswami, Advocate

For Non-applicant          : Shri Neeraj Kumar Sharma, Dy. Govt. Advocate



                    Hon'ble Shri Justice Sharad Kumar Gupta

                                  Order On Board

25.09.2018


     1.

This is first 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. The applicant has been arrested in connection with crime No. 11/2018 registered at Police Station -Excise Circle- Pendra District - Bilaspur (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act.

3. Case of the prosecution, in brief is that on 18.08.2018, 7 bulk liters hand made country liquor has been seized from the applicant.

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, learned counsel for the State opposes the bail application. She further submits that there is no antecedent against the applicant.

6. Looking to the above facts and circumstances of the case, the application is allowed. It is directed that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond of Rs. 25,000/- to the satisfaction of the concerned Trial Court, he be released on bail.

7. Certified copy as per rules.

Sd/-

(Sharad Kumar Gupta) JUDGE kishore

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