Babulal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.2432 of 2020

1. Babulal S/o Ramratan Aged About 43 Years Caste- Lodhi, R/o Village- Kurlu, Police Station- Parpodi, District- Bemetara Chhattisgarh.

2. Vishnuram S/o Swaroop Ram Aged About 35 Years R/o VillageKurlu, Police Station- Parpodi, District- Bemetara Chhattisgarh. ---- Applicants

Versus

State Of Chhattisgarh Through Station House Officer, Police Station- Mohgaon, District- Rajnandgaon Chhattisgarh. ---- Respondent ------------------------------------------------------------------------------------------- For Applicants : Shri Dharmesh Shrivastava, Advocate For respondent/State : Smt. Sunita Jain, Govt. Advocate ------------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 07.5.2020 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.16/2020 registered at Police Station Mohgaona, distt. Rajnandgaon, Chhattisgarh for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2.

Case of the prosecution, in brief, is that 6.5 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 13.4.2020 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 13.4.2020 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 shall be released on bail on each of them furnishing a personal bond in the sum of Rs.20,000/- with one surety each in the like sum to the satisfaction of the concerned Court for their appearance as and when directed.

Certified copy as per rules.

Sd/- (Ram Prasanna Sharma) JUDGE Bini