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Manoj Kumar Kosle Vs State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2019)

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Chhattisgarh HC
2019
Manoj Kumar Kosle Vs State of ChhattisgarhManoj Kumar Kosle v. State of Chhattisgarh

Allowed

Manoj Kumar Kosle v. State of Chhattisgarh

Chhattisgarh HC14 Jan 2019MCRC/345/2019

Case brief

AI extract

What is this about?

This is the first bail application preferring under Section 439 Cr.P.C. involving offences under the Chhattisgarh Excise Act for manufacturing country liquor. The High Court allowed the bail application on furnishing personal bond and a solvent surety.

What did the court decide?

Directed to be released on bail upon furnishing one solvent surety for Rs. 25,000 along with a personal bond of Rs. 25,000 to the satisfaction of the concerned Trial Court.

What the court decided

AI extract

Outcome

Directed to be released on bail upon furnishing one solvent surety for Rs. 25,000 along with a personal bond of Rs. 25,000 to the satisfaction of the concerned Trial Court.

Issue for consideration

Whether to grant bail to the applicant arrested for manufacturing country liquor under the Chhattisgarh Excise Act.

Detailed headnote1 paragraphs

Bail in first instance granted to an accused arrested for violation of the Chhattisgarh Excise Act involving production of country liquor, where no criminal antecedent is reported. Conditioned upon furnishing a personal bond of Rs. 25,000 and one solvent surety to the satisfaction of the Trial Court.

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. 345 of 2019

Manoj Kumar Kosle, S/o Shri Shankar Kosle, aged about 26 years, R/o Village Khajuri, Police Station Hirri, District Bilaspur (CG). ---- Applicant

Versus

State of Chhattisgarh, through Police Station Hirri, District Bilaspur (CG).

---- Non-applicant For Applicant : Ms. Jyoti Rathor, Advocate. For Non-applicant : Mr. Wasim Miyan, Panel Lawyer

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board

14.01.2019

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.256/2018 registered at Police Station Hirri, Civil and Revenue District Bilaspur for the offence punishable under Sections 34(1), 36 & 59(A) of the Chhattisgarh Excise Act.

Case of the prosecution, in brief is that on 21.10.2018, 13.00 bulk liters hand made country liquor has been seized from the applicant.

Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, therefore, he may be released on bail.

On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedent is reported against the applicant in police case diary.

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

L/-

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether to grant bail to the applicant arrested for manufacturing country liquor under the Chhattisgarh Excise Act.

Statutes considered

2 provisions across 2 enactments

AI extract

Cr.P.C.439
Chhattisgarh Excise Act34(1), 36, 59(A)

Parties & counsel

AI extract

applicant
Manoj Kumar Kosle

Coram

AI extract

Sharad Kumar Gupta

Case details

As recorded by the court registry

Court: Chhattisgarh HC
Decided on: 14 Jan 2019 · January
Registered: 10 Jan 2019
Case no.: MCRC/345/2019
CNR: CGHC010011472019
Topic: Narcotics (NDPS)
Bench: Sharad Kumar Gupta
Disposal: ALLOWED

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Cite this judgement

Manoj Kumar Kosle v. State of Chhattisgarh, MCRC/345/2019 (CG), decided on 14 January 2019.

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
Chhattisgarh Excise Act34(1), 36, 59(A)

View all statutes

Bench / Coram

Sharad Kumar Gupta

Parties & counsel