Rupesh Jimnani v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3061 of 2021

1. Rupesh Jimnani S/o Santosh Jimnani Aged About 34 Years R/o Infront Of Shyamlal Swastik Nursing Home, Police Station Telibanda District Raipur Chhattisgarh

2. Vicky @ Vikash Jaiswani S/o Basant Jaiswani Aged About 29 Years R/o Shyamnagar, Police Station Telibandha District Raipur Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Bagbahra, District Mahasamund Chhattisgarh.

---- Respondent For Applicant - Mr. Sachin Nidhi, Advocate For State - Mr. Siddharth Dubey, 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. 88/2021 registered in Police Station Bagbahra, Distt. Mahasamund (C.G.) for offence punishable under Section 34(2) of Chhattisgarh Excise Act.

2.

The prosecution alleges that on a raid being conducted, 26.00 bulk liters of illicit liquor was seized from the joint possession of the applicants and they were arrested on 28.04.2021.

3.

Learned counsel for the applicant submits that the applicants have falsely been implicated in this case. They are in jail since 28.04.2021, 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 28.04.2021, 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 his 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