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High Court Of ChhattisgarhMCRC/2951/2021allowed

Shiv Patel v. State Of Chhattisgarh

2021-05-17Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2951 of 2021

1. Shiv Patel S/o Late Hemlal Aged About 38 Years R/o Village Temar , Police Station Shakti , District Janjgir Champa Chhattisgarh.

2. Rahul Patel S/o Late Hulash Ram Aged About 30 Years R/o Village Temar , Police Station Shakti , District Janjgir Champa Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer , Police Station Shakti Revenue And Civil District Janjgir Chhattisgarh ---- Respondent For Applicant - Mr. Vivek Singhal, Advocate For State - Ms. Akansha Jain, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 17/05/2021 1.

The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No. 97/2021 registered in Police Station Sakti, Distt. Janjgir-Champa (C.G.) for offence punishable under Section 34(2) of Chhattisgarh Excise Act.

2.

The prosecution alleges that on a raid being conducted, 10.160 liters of illicit liquor was seized from the joint possession of the applicants and they were arrested on 27.03.2021.

3.

Learned counsel for the applicants submits that the applicants have falsely been implicated in this case. They are in jail since 27.03.2021, seizure has been made, no further investigation is necessary therefore they may be enlarged on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Taking into consideration the nature of allegation and the quantity of liquor which has already been seized, offence is triable by Judicial Magistrate First Class and the applicants are in jail since 27.03.2021, no further evidence is

necessary therefore this Court is inclined to release the applicants on bail. Accordingly, this application is allowed.

6.

It is directed that the applicants shall be released on their furnishing personal bond for a sum of Rs.15,000/- 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.

Accordingly, I.A. No. 01 i.e. application for urgent hearing and I.A. No. 02 i.e. application for hearing the matter in summer vacation stands disposed off. Sd/- (Goutam Bhaduri) Vacation Judge Vishakha