Bhupesh Kumar Pradhan v. State Of Chhattisgarh

Page No.1s HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 1033 of 2018

1. Bhupesh Kumar Pradhan S/o Shri Shwet Kumar Pradhan Aged About 31 Years By Caste Kolta, R/o Village Kisdi, Police Chowki Baloda, Police Station And Tahsil Saraipali District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh

2. Shri Ram @ Kul S/o Dhaniram Aged About 45 Years By Caste Savra, R/o Village Kisdi, Police Chowki Baloda, Police Station And Tahsil Saraipali District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Saraipali, District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh.

---- Respondent For Applicants :

Mr. Gurudev I. Sharan, Advocate For Respondent :

Mr. Vijay Bhadur 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. 33/2018, registered at Police Station- Saraipali, District - Mahasamund, (C.G.) for the offence punishable under Sections 34 (2) of the Chhattisgarh Excise Act.

Page No.2s

2. The prosecution alleges that the applicants were found to be in possession of illicit liquor measuring about 9 bulk liters and they were arrested on 25.01.2018.

3. Learned counsel for the applicants submits, that the applicants have falsely been implicated in this case and they are in jail since 25.01.2018, 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 illicit liquor is 9 bulk liters; offence is triable by the JMFC and the applicants are in jail since 25.01.2018, 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 each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

Sd /- (Rajendra Chandra Singh Samant) Judge Jamal