Mukesh Kumar Sahu And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 4100 of 2018 1.

Mukesh Kumar Sahu S/o Late Tikaram Sahu, Aged About 25 Years R/o Village Nilja, Police Station Kharora, District Raipur, Chhattisgarh. 2.

Neelkanth Sahu S/o Chamman Sahu, Aged About 25 Years R/o Village Pawni, Police Station Dharsiwa, District Raipur, Chhattisgarh. ---- Applicants

Versus

State Of Chhattisgarh Through Police Station Dharsiwa, District Raipur, Chhattisgarh.

---- Respondent For Applicants :

Mr. P.P. Patel, Advocate For Respondent :

Mr. Anant Bajpai, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 25/06/2018 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. 211/2018, registered at Police Station- Dharsiwa, District - Raipur (C.G.) for the offence punishable under Section 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 7.200 liters and they were arrested on 21.05.2018.

3.

Learned counsel for the applicants submits that the applicants have falsely been implicated in this case and they are in jail since

21.05.2018; therefore, he 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, one preventive proceedings under the provisions of Cr.P.C. is registered against the applicants, hence, they are not entitled for grant of bail.

5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 7.200 liters; offence is triable by the JMFC and the applicants are in jail since 21.05.2018, 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 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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram