Aman Kumar Singh v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 932 of 2018 1.

Aman Kumar Singh, S/o. Vikram Singh, Aged About 27 Years, R/o. House No. 17A, Sector -1, Bhilai, Tahsil And District Durg Chhattisgarh.

2.

Girja Shankar, S/o. Ramadhar Dhankar, Aged About 24 Years, R/o. Chandi Chowk, Rishama, P.S. Anda, Tahsil And District Durg Chhattigarh.

---- Applicants

Versus

State Of Chhattisgarh, Through : Station House Officer, Excise Circle Durg City (West), District Durg Chhattisgarh, District : Durg, Chhattisgarh ---- Respondent For Applicants :

Mr. Wasim Miyan, Advocate For Respondent :

Mr. Vijay Bahadur Singh, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 19/02/2018 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No. P-8 No.210/17-18, registered at Police Station- Excise Circle, Durg City (West), District - Durg (C.G.) for the offence punishable under Section 34(2), 36A & 36C of the Chhattisgarh Excise Act.

2.

The prosecution alleges that the applicants were found to be in possession of illicit liquor measuring about 57.08 bulk liters and they were arrested on 05.12.2017.

3.

Learned counsel for the applicants submits that the applicants have falsely been implicated in this case and they are in jail since 05.12.2017; therefore, they may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail, however, he would submit that as per the information received from the concerned SHO, the applicants have no previous antecedents of similar offence.

5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 57.08 bulk liters; offence is triable by the JMFC and the applicants are in jail since 05.12.2017, this Court is inclined to release the applicants on bail. 6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7.

It is directed that the applicants shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram