High Court Of ChhattisgarhMCRC/1966/2018allowed

Ganeshram Dhritlahre & ANR. v. State Of Chhattisgarhraipu

2018-04-09Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1966 of 2018

1. Ganeshram Dhritlahre S/o Late Shri Ameerdas Dhritlahre Aged About 52 Years R/o- Chandi Chowk, Village Amsena, P.S. And Tahsil Aarang, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Smt. Sharda Dhritlahre W/o Ganeshram Dhrilahre Aged About 48 Years R/o- Chandi Chowk, Village Amsena, P.S. And Tahsil Aarang, DistrictRaipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarhraipu Through- Station House Officer, P.S. Aarang, Civil And Revenue District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondent ____________________________________________________________________ For Applicant :

Mr. Pushpendra Kumar Patel, Advocate.

For Non-applicant/State :

Mr. Vinod Tekam, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 09-04-2018

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. 102/2018, registered at Police Station- Aarang, Civil & Revenue District - 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 162 bulk liters and they were arrested on 25.2.2018.

3. Learned counsel for the applicants submits that the applicants have falsely been implicated in this case and they are in jail since 25.2.2018; 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 two previous antecedents of under Sections

-234(A) & 36(C) of CG Excise Act.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 162 bulk liters; offence is triable by the JMFC and the applicants are in jail since 25.2.2018, 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. It is directed that the applicants shall be released on bail on their furnishing a personal bond for a sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

7. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha