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High Court Of ChhattisgarhMCRC/4010/2018allowed

Ved Narayan v. State Of Chhattisgarh

2018-06-01Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4008 of 2018 Anil Yadav S/o Dashrath Lal Yadav, Aged About 44 Years Caste Yadav, R/o Village Peteshri, Tehsil Dongargaon, District Rajnandgaon, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through The Police Station Dongargarh, DistrictRajnandgaon, Chhattisgarh. ---Respondent AND MCRC No. 4010 of 2018 Ved Narayan S/o S/o Jhumuk Lal Sinha, Aged About 35 Years Caste Kalar, R/o Village Raka, Tehsil Dongargarh, District- Rajnandgaon, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through The Police Station Dongargarh, DistrictRajnandgaon, Chhattisgarh. ---Respondent For Applicants :

Mr. S.S. Baghel, Advocate For State :

Mr. Neeraj Sharma, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 01/06/2018

1. These are 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. 150/2018, registered at Police Station Dongargarh, District Rajnandgaon (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act, 1915.

2.

The prosecution alleges that the applicants were found to be in possession of illicit liquor measuring about 17.280 Liters and they were arrested on 17.05.2018.

3.

Learned counsel for the applicants submits that the applicants have falsely been implicated in this case and they are in jail since 17.05.2018; therefore, they may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 17.280 liters; offence is triable by the J.M.F.C. and the applicants are in jail since 17.05.2018, this Court is inclined to release the applicants on bail. 6.

Accordingly, both the bail applications filed under Section 439 of Cr.P.C. are allowed.

7.

It is directed that the applicants shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety 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 Ved