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High Court Of ChhattisgarhMCRCA/857/2017rejected

Devkumar Jangde v. State Of Chhattisgarh

2017-11-30Hon'Ble Shri Justice P. Sam Koshy2 pages

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-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MISC. CRIMINAL CASE (A) NO. 857 OF 2017 Devkumar Jangde, S/o Shri Kartikram Jangde, aged about 46 years, caste Satnami, R/o Village & Post Amsena, Police Station and Tahsil Arang, District Raipur (C.G.) ... Applicant versus The State of Chhattisgarh, through the Police Station Arang, District Raipur (C.G.) ... Non-applicant For Applicant :

Mr. P.K. Tulsyan, Advocate, under instructions of Mr. Malay Kumar Bhaduri, Advocate.

For Non-applicant/State :

Ms. M. Asha, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 30/11/2017 1.

The present is an application under Section 438 of CrPC seeking for grant of anticipatory bail to the Applicant who is apprehending her arrest in connection with Crime No.285/2017, registered at Police Station- Arang, District- Raipur, for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2.

As per the prosecution case, the Applicant is said to have been found in possession of 5.220 bulk liters of English made liquor. 3.

Learned Counsel for the Applicant submits that the Applicant has been falsely implicated in the instant case and that the co-accused has already been granted bail and the Applicant has been made accused only on the basis of the memorandum statement of the co-accused. 4.

Learned Counsel for the State however opposes the anticipatory bail application.

5.

Considering the facts and circumstances of the case and also the nature of allegation, this Court is of the opinion that prima facie no strong case is made out for grant of anticipatory bail.

-26.

Accordingly, the present application under Section 438 of CrPC is rejected.

Sd/- (P. Sam Koshy) /sharad/ Judge