Anand Sahu & ORS. v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3058 of 2018

1. Anand Sahu S/o Lakhan Ram Sahu Aged About 36 Years R/o Bodtara, Police Station Nawagarh, District Bemetara, Chhattisgarh, District : Bemetara, Chhattisgarh

2. Anupam Sahu S/o Ratnudas Sahu Aged About 33 Years R/o Bodtara, Police Station Nawagarh, District Bemetara, Chhattisgarh, District : Bemetara, Chhattisgarh

3. Seukram Sahu S/o Sarharam Sahu Aged About 40 Years R/o Bodtara, Police Station Nawagarh, District Bemetara, Chhattisgarh, District : Bemetara, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Nawagarh, District Bemetara, Chhattisgarh, District : Bemetara, Chhattisgarh.

---- Respondent For Applicant :

Mr. C.K. Sahu, Advocate For Respondent :

Mr. Vijay Bhadur Singh, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 08.05.2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who have been arrested in connection with Crime No.64/2018, registered at Police Station- Nawagarh, District -Bemetara, (C.G.) for the offence

Page No.2 punishable under Sections 34(2) of the Chhattisgarh Excise Act.

2. The prosecution alleges that the applicants were found to be in possession of illicit liquor measuring about 5.760 bulk liters and they were arrested on 12.04.2018.

3. Learned counsel for the applicants submits, that the applicants have falsely been implicated in this case and they are in jail since 12.04.2018, therefore, they may be released on bail.

4. Learned State counsel opposes the prayer for grant of bail, however, he would submit that as per the information received from the concerned SHO, the applicants have no previous antecedents of similar offence.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized illicit liquor is 5.760 bulk liters; offence is triable by the JMFC and the applicants are in jail since 12.04.2018, this Court is inclined to release the applicants on bail.

6. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond for a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. Sd /- (Rajendra Chandra Singh Samant) Judge Jamal