Shatrughan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3027 of 2019

1. Shatrughan, aged about 28 years, son of Harilal, Caste Raut.

2. Harmesh Sarthi, aged about 25 years, son of Dharamlal, Caste Ghasiya. Both are resident of Village Harda Navagaon, Thana and Tahsil Basna, District Mahasamund (CG). ---- Applicants

Versus

State of Chhattisgarh, through Station House Officer, Police Station Saraipali, District Mahasamund (CG). ---- Non-applicant For Applicants : Mr. Vikash Pradhan, Advocate.

For Non-applicant : Mr. Wasim Miyan, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 03.05.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and no other bail application is pending before any other Court.

2.

The applicants have been arrested in connection with Crime No.142/2019 registered at Police Station Saraipali, District Mahasamund for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act. 3.

Case of the prosecution, in brief is that on 16.04.2019, 80.00 bulk liters hand made country liquor have been seized from the joint possession of the applicants.

4.

Counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case, therefore, they may be released on bail.

5.

On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedent is reported against the applicants in police case diary.

6.

Looking to the above facts and circumstances of the case, the application is allowed. It is directed that if the applicants furnish one solvent surety for a sum of Rs.25,000/- each along with a personal bond of Rs.25,000/- each to the satisfaction of the concerned Trial Court, they be released on bail.

7.

Certified copy as per rules.

SD/- (Sharad Kumar Gupta) L/- JUDGE