Jagrnath And ANR. v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. NO. 2632 OF 2016 1.

Jagrnath S/o Shankar Khairwar, aged about 35 years 2.

Ramesh Gupta, S/o Sohar Saw, aged about 25 years Both Resident are Village Indrawatipur, Police Station Sanawal, Balrampur, District Balrampur-Ramanujganj (C.G.) ... Applicants

Versus

State of Chhattisgarh, through Police Station- Sanawal, District Balrampur-Ramanujganj (C.G.) ... Non-applicant For Applicants :

Mr. A.K. Yadav, Advocate.

For Non-applicant/State :

Mr. Vivek Sharma, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 07/06/2016 1.

This is the first application filed under Section 439 of CrPC for grant of bail to the Applicants who are in jail since 30.3.2016 in connection with Crime No. 6/2016 registered at Police Station Sanawal, District Balrampur-Ramanujganj, for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2.

As per the prosecution, on search being made, total 46.800 bulk liters of Kingfisher strong bear liquor was seized from unlawful possession of the Applicants on 30.3.2016 and therefore they have been charged with the offence punishable under Section 34(2) of the Chhattisgarh Excise Act and have been arrested on 30.3.2016 itself.

3.

Learned counsel for Applicants submits that the Applicants are innocent, they have been falsely implicated in the instant case and no liquor has been seized from their absolute possession. He further submits that the Applicants are in judicial custody since 30.3.2016 and that this is the first time where the Applicants have been implicated under the Excise

-2Act and therefore taking into consideration all these facts they may be enlarged on bail.

4.

Opposing the bail application, learned Counsel for the State submits that the Applicants were found to be in unlawful possession of 46.800 bulk liters of liquor and that against Applicant No.2 there is one previous case under Sections 457 and 380 of IPC and therefore they may not be enlarged on bail.

5.

Without commenting on merits, considering the totality of the facts and circumstances of the case and also considering the fact that the Applicants are in detention since 30.3.2016, this Court is of the opinion that the present is a fit case where the Applicants can be enlarged on bail. 6.

Accordingly, the application for grant of bail is allowed. It is directed that the Applicants shall be released on bail on their furnishing a personal bond for a sum of Rs.20,000/- each with one surety of the like sum to the satisfaction of the concerned Trial Court for their appearance as and when directed.

Sd/- (P. Sam Koshy) /sharad/ V. Judge