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High Court Of ChhattisgarhMCRC/2798/2020allowed

Ishwar Sahu v. State Of Chhattisgarh

2021-01-05Hon'Ble Shri Justice Goutam Bhaduri3 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2788 of 2020 • Manish Soni S/o Parmanand Soni Aged About 31 Years R/o Village Mohara. Ward No. 1, Dongargarh, Police Station Dongargarh, District Rajnandgaon, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Ghumka, District Rajnandgaon, Chhattisgarh ---- Respondent along with MCRC No. 2798 of 2020 • Ishwar Sahu S/o Bihari Sahu Aged About 32 Years R/o Budhwari Para, Dongargarh, Police Station Dongargarh, District Rajnandgaon, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Ghumka, District Rajnandgaon, Chhattisgarh ---- Respondent along with MCRC No. 3269 of 2020 • Manish Rajput S/o Late Ramraj Aged About 38 Years R/o Village Gatapar, Police Station Khairagarh, District Rajnandgaon Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh, Through The Police Station Ghumka, District - Rajnandgaon Chhattisgarh.

---- Respondent For Applicant :

Mr. Shaleen Singh Baghel, Advocates For State :

Mrs. Sunita Jain, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 05.01.2021 1.

Since all the bail applications are arising out of the same Crime Number, therefore they are being heard and decided together by this common judgment.

2.

The applicants have preferred these first bail applications under Section 439 of the Code of Criminal Procedure for grant of bail as they were arrested on 18.04.2020 in connection with Crime No. 89/2020 registered in Police Station Ghumka Distt. Rajnandgaon (C.G.) for offence punishable under Section 34(2) of the C.G. Excise Act in MCRC Nos. 2788/2020 & 2798/2020 and Section 34(2) of the C.G. Excise Act & Section 34 of IPC in MCRC No.3269/2020.

3.

As per the prosecution case, on 18.04.2020, on a raid being made from a car 138.240 liters of illegal liquor was seized. 4.

Learned counsel for the applicants submits that there are total six accused and few of them have already been enlarged on bail. He submits that the applicants have falsely been implicated in this case, therefore they may be enlarged on bail.

5.

Learned State counsel opposes the argument made by learned counsel for the applicants and submits that the applicants Manish Soni has 7 criminal cases to his credit and Ishwar Sahu has 10 criminal cases to his credit.

6.

Perused the documents and the seizure of the liquor appears from a car which was parked there. Considering the fact that the other co-

accused have been enlarged on bail and the chargesheet has also been filed, I am inclined to release the applicants on bail. Accordingly, the bail applications are allowed and it is directed that the applicants shall be released on their furnishing personal bond for a sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of concerned trial court for their regular appearance before it as and when directed. 7.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE Vishakha