Anand Kishore Dhruv v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.2335 of 2020

1. Anand Kishore Dhruv S/o Puran Dhruv Aged About 35 Years R/o Koliyari, Police Station Arjuni, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh

2. Sunil Nishad S/o Bharat Nishad Aged About 23 Years R/o Koliyari, Police Station Arjuni, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh ---- Petitioners

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station Arjuni, District - Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh ---- Respondent For Applicants :

Shri Anil Gulati, Advocate For Respondent/State :

Shri Chandresh Shrivastava, Dy.AG Single Bench: Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 01/05/2020 Heard.

1.

The applicants have moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No.150/2020 registered at Police Station Arjuni, District Dhamtari for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act and Section 188 of IPC for possessing country made liquor of 32.5 bulk liter without authority of law. The applicants were arrested on 11-04-2020.

2.

Learned counsel for the applicants submits that the applicants were arrested on 11-04-2020 and liquor has already been seized, further custodial interrogation may not be necessary and the applicant, at this stage, may be granted bail.

3.

On the other hand, learned counsel for the State/non-applicant opposes the bail application by submitting that looking to the nature of offence, quantity

of country made liquor seized from the possession of the applicants and that charge sheet has not been filed, the bail application of the applicants may be rejected.

4.

Taking into consideration the submission of learned counsel for the parties, nature of offence, quantity of country made liquor seized from the possession of the applicants and further that there does not appear any necessity for custodial interrogation, I am inclined to enlarge the applicants on bail.

5.

Accordingly, the application is allowed. It is ordered that the applicants shall be released on bail on each of them furnishing a personal bond of Rs.10,000/- along with one local surety of the like amount to the satisfaction of the trial Court on the condition that they shall appear before the trial Court regularly on each and every date of hearing, unless exempted. Certified copy as per rules.

SD/- (Manindra Mohan Shrivastava) Judge Tumane