Rakhi Norge v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 833 of 2019

1. Rakhi Norge, son of Sant Norge, aged about 27 years.

2. Ganesh Jogi, son of Kanhaiya Jogi, aged about 40 years. Both are resident of Murlidih, P.S. Mulmula, District Janjgir Champa (CG). ---- Applicants

Versus

State of Chhattisgarh, through Station House Officer, Police Station Akaltara, Civil and Revenue District Janjgir Champa (CG). ---- Non-applicant For Applicants : Ms. Laxmeen Kashyap, Advocate.

For Non-applicant : Mr. Vikram Dixit, Govt. Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 05.02.2019 1.

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

2.

The applicants have been arrested in connection with Crime No.26/2019 registered at Police Station Akaltara, Civil and Revenue District Janjgir Champa for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.

3.

Case of the prosecution, in brief is that on 08.12.2018, 2.00 bulk liters country made liquor has been seized from the applicant No.1-Rakhi Norge and 21.00 bulk liters country made liquor has been seized from the applicant No.2Ganesh Jogi. 4.

Counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case, therefore, they may be released on bail.

5.

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

6.

Looking to the above facts and circumstances of the case, the application is allowed. It is directed that if the applicants furnish one solvent surety for a sum of Rs.25,000/- each along with a personal bond of Rs.25,000/- each to the satisfaction of the concerned Trial Court, they be released on bail.

7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) L JUDGE