High Court Of ChhattisgarhMCRC/3473/2019allowed

Rakesh & ANR. v. State Of Chhattisgarh

2019-06-14Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Miscellaneous Criminal Case No. 3473 of 2019

1. Rakesh S/o Santu Sahu, Aged About 27 Years R/o Village Bharuwamuda, Outpost - Bundeli, Thana - Tendukona, District Mahasamund Chhattisgarh

2. Shankar S/o Khedu Aged About 60 Years R/o Village - Sevati, Outpost - Bundeli, Thana - Tendukona, District Mahasamund Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station (Outpost - Bundeli) Tendukona, District Mahasamund Chhattisgarh ---- Respondent For Applicant :

Shri Vikash Pradhan, Advocate For Respondent/State :

Shri Gagan Tiwari, Dy. Govt. Advocate Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 14/06/2019

1. Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicants for grant of regular bail. The applicants have been arrested on 05.05.2019 in connection with Crime No.65 of 2019 registered at Police Station (Outpost -Bundeli) Tendukona, District Mahasamund (Chhattisgarh) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act.

2. It is submitted on behalf of the applicants that the applicants have been falsely implicated in this case. They are in jail since 05-052019. Hence, it is prayed that the applicants may be released on regular bail.

3. Learned counsel for the State opposes the application and submits that in total 5.625 bulk liter illicit liquor has been seized from the possession of the applicants. Hence, they are not entitled for grant of bail.

4. Heard learned counsel for both the parties and perused the case diary.

5. Considering the quantity of liquor which is alleged to have been seized from the possession of the applicants and the detention period of the applicants, this Court is of the opinion that prima facie, a strong case for grant of bail has been made out.

6. Accordingly, the application for grant of bail is allowed. It is directed that the Applicants will be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned Court for their appearance before the said Court as and when directed. Sd/- (Rajendra Chandra Singh Samant) Vacation Judge Khatai