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Medini Prasad Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2019)

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Chhattisgarh HC
2019
Medini Prasad Vs State of ChhattisgarhMedini Prasad v. State of Chhattisgarh

Allowed

Medini Prasad v. State of Chhattisgarh

Chhattisgarh HC16 Jan 2019MCRC/431/2019

Case brief

AI extract

What is this about?

The High Court allowed a first bail application under Section 439 Cr.P.C. in a case involving seizure of foreign liquor under the CG Excise Act, directing furnishing of one solvent surety and a personal bond.

What did the court decide?

Release 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 Trial Court.

What the court decided

AI extract

Outcome

Release 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 Trial Court.

Issue for consideration

Whether the applicant is entitled to bail under Section 439 Cr.P.C. in an offence under the Chhattisgarh Excise Act for bulk liquor seizure.

Detailed headnote1 paragraphs

Bail granted on a bond of Rs. 25,000 deposited with the Trial Court in proceedings for seizure of foreign liquor under the Chhattisgarh Excise Act. The applicant had no criminal antecedents as per the case diary.

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. 431 of 2019

Medini Prasad S/o Amarnath Shukla Aged About 29 Years R/o Village Chhibbo, P. S. Rajapur, District Chitrakut, M. P., Madhya Pradesh

---- Applicant

Versus

State Of Chhattisgarh Through Police Station Tamnar, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

---- Non-applicant

For Applicant : Mr. Waqqar Naiyar, Advocate. For Non-applicant : Mr. Washim Miyan, Panel Lawyer

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board

16.01.2019

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.

Perused the case diary provided by the learned counsel for the State in connection with crime No. 302/2018 registered at Police Station – Tamnar, District Raigarh (C.G.) for the offence punishable under Section 34(1)(A), 34(2), 59(A) of the C.G. Excise Act.

Case of the prosecution, in brief is that on 28.12.2018, 18.750 bulk liters foreign liquor has been seized from the applicant.

Govt. Advocate submits that no criminal antecedent of the applicant is reported in the police case diary.

Looking to the above facts and circumstances of the case, the application is allowed. It is directed that if 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 is entitled to bail under Section 439 Cr.P.C. in an offence under the Chhattisgarh Excise Act for bulk liquor seizure.

Statutes considered

1 provisions across 1 enactments

AI extract

Criminal Procedure Code439

Parties & counsel

AI extract

applicant
Medini Prasad

Coram

AI extract

Sharad Kumar Gupta

Case details

As recorded by the court registry

Court: Chhattisgarh HC
Decided on: 16 Jan 2019 · January
Registered: 11 Jan 2019
Case no.: MCRC/431/2019
CNR: CGHC010014262019
Topic: Bail and Remand
Bench: Sharad Kumar Gupta
Disposal: ALLOWED

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Cite this judgement

Medini Prasad v. State of Chhattisgarh, MCRC/431/2019 (CG), decided on 16 January 2019.

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

Statutes1

Criminal Procedure Code439

View all statutes

Bench / Coram

Sharad Kumar Gupta

Parties & counsel