Shankar Prasad And Others v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3020 of 2021

1. Shankar Prasad And Others S/o Shri Ram Prasad Singh Aged About 30 Years Occupation - Agriculturist, R/o Gram Bijadand, P.S. - Pasan, District - Korba Chhattisgarh, District : Korba, Chhattisgarh

2. Jaipal Singh S/o Shivratan Singh Aged About 32 Years Caste - Gond, Occupation - Labour, R/o Gram Jhinpuri, P S Pasan, District - Korba Chhattisgarh, District : Korba, Chhattisgarh

3. Gulab Singh S/o Gajrup Singh Aged About 55 Years Caste - Gond, Occupation - Labour, R/o Gram Jhinpuri, P.S. Pasan, District - Korba Chhattisgarh, District : Korba, Chhattisgarh ----applicants

Versus

• State Of Chhattisgarh Through The Station Incharge, Police Station Khadgawan District - Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh ---- Respondent For Applicant - Mr. Anuroop Panda, Advocate For State - Mr. Sudeep Verma, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 21/05/2021 1.

The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No. 121/2021 registered in Police Station Khadgawan Distt. Koriya (C.G.) for offence punishable under Section 34(2) of Chhattisgarh Excise Act.

2.

The prosecution alleges that on a raid being conducted, 63.00 bulk liters of illicit liquor was seized from the joint possession of the applicants and they were arrested on 07.04.2021.

3.

Learned counsel for the applicants submits that the applicants have falsely been implicated in this case. They are in jail since 07.04.2021, seizure has been made, no further investigation is necessary therefore he may be enlarged on bail. 4.

Learned State counsel opposes the prayer for grant of bail and submits that the appellant No. 1 has one criminal antecedent of similar like nature.

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 07.04.2021, no further evidence is necessary therefore this Court is inclined to release the applicant on bail. Accordingly, this application is allowed.

6.

It is directed that the applicant shall be released on each of them 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.

Sd/- (Goutam Bhaduri) Vacation Judge Vishakha