Rajendra Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2388 of 2020 Rajendra Sahu S/o Badku Sahu Aged About 35 Years R/o Village Gidha, P. S. Mungeli, Tehsil And District Mungeli Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Of Police OutpostKhudia, P. S. Lormi, District Mungeli Chhattisgarh. ---- Respondent WITH MCRC No. 2490 of 2020

1. Rajendra Yadav S/o Vishnu Prasad Yadav Aged About 32 Years R/o Village- Hathnikala, Police Station- Mungeli, Tehsil And DistrictMungeli, Chhattisgarh.

2. Lokesh Singh Rajput S/o Basant Rajput Aged About 37 Years R/o Police Station- Lormi, District- Mungeli, Chhattisgarh. ---- Applicants

Versus

State Of Chhattisgarh Through Police Station Of Police OutpostKhudia, Police Station- Lormi, District- Mungeli, Chhattisgarh. ---- Respondent __________________________________________________________________ For Applicants : Mr. Pallav Mishra, Advocate.

For Respondent/State : Mr. Vimlesh Bajpai, G.A.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 08/05/2020

1. The matter is heard through Video Conferencing.

2. Since, both the cases are arising out of same crime number therefore, they are being decided by this common order.

3. The Applicants have preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as they are arrested in connection with crime No. 193/2020, registered at Police StationLormi, District: Mungeli (C.G.) for the offence punishable under Section 34 (1) (A), 34 (2), 59 (A) of C.G. Excise Act and Section 188 of IPC.

4. As per the prosecution story, on 15.04.2020, on the basis of information received from informant, police officials searched and seized total 52.290 Litres of alcohol from the possession of the main accused. On the basis of said, offence has been registered.

5. Learned Counsel appearing on behalf of the Applicants submits that the Applicants are innocent and have been falsely implicated in the case. He further submits that the Applicants have no criminal antecedents, they are in custody since 15.04.2020. He submits that the main accused have already been granted benefit of bail vide order dated 28.04.2020 passed in MCRC No.2255/2020 and in MCRC No.2244/2020, charge sheet has not been filed and trial is likely to take some time. Therefore, they may be released on bail.

6. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

7. I have heard learned Counsel for the parties.

8. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the the applicants have no criminal antecedent, they are in custody since 15.04.2020, charge sheet has not been filed and trial will likely to take some time, without further commenting on merits of the case, I am inclined to release the Applicants on bail.

9. Accordingly, the bail applications are allowed.

10. It is directed that the Applicants shall be released on bail on each of them executing a personal bond for a sum of Rs. 20,000/- with one

solvent surety for the like amount to the satisfaction of the Trial Court for their appearance before the said Court as and when directed. Sd/- (Arvind Singh Chandel) Judge Saurabh