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Chandrakumar Dadsena Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2018)

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Chhattisgarh HC
2018
Chandrakumar Dadsena Vs State of ChhattisgarhChandrakumar Dadsena v. State of Chhattisgarh

Allowed

Chandrakumar Dadsena v. State of Chhattisgarh

Chhattisgarh HC3 Oct 2018MCRC/6864/2018

Case brief

AI extract

What is this about?

First bail application under Section 439 Cr.P.C. allowed. Applicant arrested for making 8 bulk liters of country liquor. Applicant to furnish one solvent surety for Rs.25,000 along with personal bond to release on bail.

What did the court decide?

Bail granted subject to furnishing one solvent surety for Rs.25,000 and a personal bond of Rs.25,000 satisfying the Trial Court.

What the court decided

AI extract

Outcome

Bail granted subject to furnishing one solvent surety for Rs.25,000 and a personal bond of Rs.25,000 satisfying the Trial Court.

Issue for consideration

Whether the applicant, arrested for making country liquor, is eligible for bail under Section 439 Cr.P.C.

Detailed headnote1 paragraphs

The High Court of Chhattisgarth allowed the first bail application under Section 439 Cr.P.C. filed by an applicant arrested for the offence punishable under Section 34(2) of the C.G. Excise Act involving seizure of hand-made country liquor. The court directed the applicant to furnish one solvent surety for Rs. 25,000 along with a personal bond of Rs. 25,000 to render himself available before the concerned Trial Court for release on bail.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

1

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 6864 of 2018

Chandrakumar Dadsena S/o Panchram Dadsena Aged About 25 Years R/o Village Lohrakot, P. S. Sankara, Tahsil Pithora, District Mahasamund Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Sankara, District Mahasamund Chhattisgarh.

---- Non-applicant

For Applicant : Ms. Pushplata Khalko, Advocate For Non-applicant : Shri Ashok Swarnkar, Panel Lawyer

Hon'ble Shri Justice Sharad Kumar Gupta

Order On Board

03.10.2018

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.

The applicant has been arrested in connection with crime No. 406/2018 registered at Police Station – Sarkara, District – Mahasamund (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act.

Case of the prosecution, in brief is that on 04.09.2018, 8 bulk liters hand

made country liquor has been seized from the applicant.

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.

2

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

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.

Certified copy as per rules.

Sd/-

(Sharad Kumar Gupta) JUDGE

kishore

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the applicant, arrested for making country liquor, is eligible for bail under Section 439 Cr.P.C.

Statutes considered

2 provisions across 2 enactments

AI extract

Cr.P.C.439
C.G. Excise Act34(2)

Parties & counsel

AI extract

applicant
Chandrakumar Dadsena

Coram

AI extract

Sharad Kumar Gupta

Case details

As recorded by the court registry

Court: Chhattisgarh HC
Decided on: 3 Oct 2018 · October
Registered: 12 Sept 2018
Case no.: MCRC/6864/2018
CNR: CGHC010290402018
Topic: Bail and Remand
Bench: Sharad Kumar Gupta
Disposal: ALLOWED

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Cite this judgement

Chandrakumar Dadsena v. State of Chhattisgarh, MCRC/6864/2018 (CG), decided on 3 October 2018.

The High Court of Chhattisgarh publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Cr.P.C.439
C.G. Excise Act34(2)

View all statutes

Bench / Coram

Sharad Kumar Gupta

Parties & counsel