Bharat Sidar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2477 of 2020

1. Bharat Sidar S/o Ujal Sidar, Aged About 30 Years Caste Gond, R/o Village Kothadari, (Outpost Baloda), Thana - Saraipali, District - Mahasamund Chhattisgarh.

2. Kiran Bariha S/o Ramnath, Aged About 26 Years Caste Binjhwar, R/o Village Banobhata, (Outpost - Baloda), Thana - Saraipali, District - Mahasamund Chhattisgarh.

---- Applicants

Versus

State Of Chhattisgarh Through - The Excise Officer, Excise Circle - Saraipali, District - Mahasamund Chhattisgarh. ---- Respondent For Applicants : Mr. Vikash Pradhan, Advocate appears through video conferencing.

For Respondent/State : Ms. Hamida Siddiqui, Deputy 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. 03/2020, registered through Excise Circle Saraipali, District Mahasamund (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

3. As per the prosecution story, on the basis of information received from an informant, police personnels searched the applicants and total 20 bulk litres of country-made liquor has been seized from their possession and they have been arrested on 28.04.2020.

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 28-04-2020, charge-sheet has not been filed yet, therefore, trial will likely to take some time. Hence, it is prayed 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 28-04-2020 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