T. Prakash Chandrakar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2461 of 2020

1. T. Prakash Chandrakar S/o Gore Lal Chandrakar Aged About 50 Years Caste Kurmi, R/o Village Khokara, Police Station Patan, District Durg, Chhattisgarh

2. Tarun Kumar @ Pappu Lahare S/o Bhagela Lahare Aged About 22 Years R/o Village Sankara, Police Station Patan, District Durg, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Charama, District Kanker, Chhattisgarh ---- Respondent For Applicants : Mr. Mukesh Shrivastava, Advocate appears through video conferencing.

For Respondent/State : Mr. Alok Bakshi, Additional Advocate General appears through video conferencing.

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

1. The matter is heard through video conferencing.

2. 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. 84/2020, registered at Police Station Charama, District Kanker (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

3. As per the prosecution story, on 27.04.2020, on the basis of information received from an informant, police personnels searched the applicants and total 55 bulk litres of country-made liquor has been seized from their possession and they have been arrested on 27.04.2020 itself.

4. Learned counsel appearing through video conferencing 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 are in custody since 27-04-2020, charge-sheet has not been filed yet, therefore, trial will take some time. Hence, it is prayed by him that the applicants may be released on bail.

5. Per contra, learned counsel appearing on behalf of the State opposes the bail application.

6. I have heard learned Counsel for the parties.

7. Considering the facts and circumstances of the case, evidence collected by the prosecution and further considering the fact that the applicants are is in custody since 27-04-2020 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release the applicants on bail.

8. Accordingly, the bail application is allowed.

9. 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 Shubham