Dasrath Netam And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.2752 of 2016 1.

Dasrath Netam S/o Ankalhu, aged about 30 years; 2.

Indradev S/o Ramji, aged about 30 years, caste Mahar; Both R/o Navagaon Lodhi, Tahsil and Police Station Chhuikhadan, District Rajnandgaon (CG).

Applicants

Versus

State of Chhattisgarh through Station House Officer, Chhuikhadan, District Rajnandgaon (CG).

Respondent For Applicants : Shri Abhishek Sharma, Advocate.

For Respondent : Shri Vivek Sharma, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order On Board 07.06.2016

1. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested in connection with crime No.94/2016 registered at Police Station Chhuikhadan, Distt. Rajnandgaon, for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. Case of the prosecution, in brief, is that 18 bulk liters of illicit liquor was seized by the police from the present applicants.

3. Learned counsel for the applicants submits that the applicants are in detention since 24.04.2016. He further submits that applicants have no criminal background and have been falsely implicated in the case, and therefore, the

applicants may be released on bail.

4. On the other hand, learned counsel for the State opposes the bail application.

5. I have heard the counsel appearing for the parties.

6. Without commenting on merits, considering the totality of the facts and circumstances of the case, small quantity of liquor and also considering the fact that the applicants are in detention since 24.04.2016, this Court is of the opinion that present is the fit case, in which, the applicants should be enlarged on regular bail.

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

8. It is directed that the applicants namely Dasrath Netam and Indradev shall be released on bail on furnishing a personal bond in the sum of Rs.20,000/- each with one surety in the like sum to the satisfaction of the concerned Court for their appearance as and when directed.

9. Certified copy as per rules.

Sd/- (P. Sam Koshy) V. JUDGE inder