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2019 Supreme(Chh) 410

SHARAD KUMAR GUPTA
ABHISHEK CHOUHAN – Appellant
Versus
STATE OF CHHATTISGARH – Respondent


Advocates:
Advocate Appeared:
Gautam Khetrapal, Neeraj Sharma, Advocate

JUDGMENT :

Sharad Kumar Gupta, J.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and their no bail application is pending before any other court.

2. The applicants have been arrested in connection with Crime No. 39/2018 registered in police station Bhairamgarh, Distt. Bijapur (CG) for offence punishable under Section 34(2) of the CG Excise Act.

3. At the outset, counsel for the applicants submits that he is not pressing the bail application of applicant No. 1 Abhishek Chauhan.

4. Therefore, the present bail application so far as it relates to applicant No. 1 Abhishek Chauhan, is rejected as not pressed.

5. Heard the bail application of applicant No. 2 Devi Singh Dayama and applicant No. 3 Manohar Malviya.

6. Perused the case diary.

7. Prosecution story in brief is that on 10-8-2018 Sub Inspector Ramchandra Sahu posted at Police Station Bhairamgarh apprehended the truck bearing registration No. SP 09 KD 2139. The driver of the said truck was co-accused Abhishek Chauhan. Applicants Devi Singh Dayama and Manohar Malviya were also present in the said truck. Said Sub Inspector seized 6,705 bulk litre of foreign liquor from possessio






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