Vijay Tandon And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 2447 of 2016

1. Vijay Tandon, S/o Khorbahra Tandon, Aged About 18 Years, R/o Satnami Para, Silyari, Police Station Dharseeva, Distt. Raipur Civil & Revenue Distt. Raipur Chhattisgarh

2. Tularam Markandey, S/o Baisakhu Markhande, Aged About 28 Years, R/o Village Kodva, P.S. Dharseeva, Distt. Raipur Civil & Revenue Distt. Raipur Chhattisgarh ---- Applicants

Versus

State of Chhattisgarh, Through Police Station -Dharseeva District Raipur Chhattisgarh ---- Respondent For Applicants :

Mr. Ajay Mishra, Advocate For Respondent/State :

Mr. Satish Gupta, Govt. Advocate ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 18/05/2016 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. 98/2016 registered at Police Station- Dharseeva, Distt. Raipur (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2.

The prosecution alleges that the applicants were found to be in possession of illicit liquor measuring about 6.3 liters and they were arrested on 24.03.2016.

3.

Learned counsel for the applicants submits that the applicants have falsely been implicated in this case and they are is in jail since

24.03.2016; 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 6.3 liters; offence is triable by the JMFC and the applicants are in jail since 24.03.2016, 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.

8.

Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Vacation Judge Ashok