Govinda @ Rahul Jhamnani And ANR. v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3437 of 2018

1. Govinda @ Rahul Jhamnani S/o Shri Rajkumar Jhamnani Aged About 26 Years R/o- Torwa Near Santoshi Mandir P.S. Torwa, Bilaspur, Tahsil And District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

2. Rahul Bhojwani S/o Shri Parasram Bhojwani Aged About 27 Years R/oTorwa Near Santoshi Mandir P.S. Torwa, Bilaspur, Tahsil And DistrictBilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through- Police Station City Kotwali, DistrictBilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondent ____________________________________________________________________ For Applicants :

Mr. Jitendra Nath Nande, Advocate.

For Non-applicant/State :

Mr. Vivek Singhal, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 16-05-2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No. 201/2018, registered at Police Station- City Kotwali, District -Bilaspur(C.G.) for the offence punishable under Sections 34(1), 34(2) & 59(A) of the Chhattisgarh Excise Act.

2. The prosecution alleges that the applicants were found to be in possession of illicit liquor measuring about 18 bulk liters and they were arrested on 2.5.2018.

3. Learned counsel for the applicants submits that the applicants have falsely been implicated in this case and they are in jail since 2.5.2018; therefore, they may be released on bail.

4. Learned State counsel opposes the prayer for grant of bail, however, they would submit that as per the information received from the

-2concerned 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 liquor is 18 bulk liters; offence is triable by the JMFC and the applicants are in jail since 2.5.2018, 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. It is directed that the applicants shall be released on bail on their furnishing a personal bond for a sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha