Sunder Lal & ANR. v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2532 of 2018

1. Sunder Lal S/o Tiharu Ghritlehre, Aged About 44 Years, R/o- VillageDharashiv Police Station- Bilaigarh, District- Baloda Bazar-Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh

2. Rohit Sone S/o Dujeram, Aged About 35 Years, R/o- Village- Kansa, Thana And Tehsil- Dabhara, District- Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through- Police Station Bhatgaon, ThanaBilaigarh, District- Baloda bazar-Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Non-applicant For Applicants - Ms. Supriya Upasane, Advocate. For Non-applicant/State - Mr. Vinod Tekam, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 23-04-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicants for grant of regular bail. The applicants have been arrested on 20-03-2018 in connection with Crime No.120/18 registered at Police Station Bhatgaon, Thana Bilaigarh, District- Baloda-Bazar-Bhatapara, Chhattisgarh for the offence under Section 34(2) of the Excise Act.

2.

It is submitted on behalf of the applicants that the applicants have been falsely implicated in this case. They are in custody since 20-03-2018. Hence, they may be released on bail.

3.

Learned counsel for the State/non-applicant opposes the application and submission. It is submitted that in total 8 bulk liter illicit liquor has been seized from the possession of the applicants. Hence, they are not entitled for grant of bail.

4.

Heard learned counsel for the parties and perused the case diary.

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Considering the submissions made and contents of the case diary, detention of the applicants till conclusion of the trial would not serve any purpose. Hence, for these reasons the application deserves to be allowed. 6.

Consequently, this application filed by the applicants under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned Court, for their appearance as and when directed. 7.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil