Manish Kumar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 1764 of 2018 1.

Manish Kumar, S/o. Shri Itwari Ram Maheshwari, Aged About 27 Years 2.

Ganpat, S/o. Late Shri Samaru Ram Maheshwari, Aged About 35 Years, Both are by -Caste Satnami, R/o Village Choukbeda, Thana Tendukona, Tahsil- Pithoura, Civil and Revenue District -Mahasamund, Chhattisgarh.

---- Applicants

Versus

State Of Chhattisgarh, Through : The Station House Officer, Police Station -Tendukona, Civil and Revenue District -Mahasamund, Chhattisgarh. ---- Respondent For Applicants :

Mr. Sumit Shrivastava, Advocate For Respondent :

Ms. K. Tripti Rao, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 19/03/2018 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. 24/2018, registered at Police Station- Tendukona, District - Mahasamund (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 15.600 bulk liters and they were arrested on 25.02.2018.

3.

Learned counsel for the applicants submits that the applicants have falsely been implicated in this case and they are in jail since 25.02.2018; 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 liquor is 15.600 bulk liters; offence is triable by the JMFC and the applicants are in jail since 25.02.2018, 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.

8.

Certified as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram