Mahendra Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Miscellaneous Criminal Case No. 3518 of 2019 Mahendra Sahu S/o Motiram Sahu, Aged About 38 Years R/o Village Hirmi, Thana Suhela, Tahsil Simga, District Baloda Bazar-Bhatapara Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Suhela, District Baloda Bazar-Bhatapara Chhattisgarh ---- Respondent For Applicant :

Shri Deepak Jain, Advocate For Respondent/State :

Shri Gagan Tiwari, Dy. Govt. Advocate MCRC No. 3656 of 2019

1. Ajay Kumar S/o Bindeshwari Prasad Sinha, Aged About 40 Years R/o Prince Colony Raipur, Thana Tikrapara Raipur, District Raipur Chhattisgarh

2. Jyoti Gupta D/o Nagendra Prasad Gupta, Aged About 35 Years R/o Krishna Nagar, Tikrapara, Raipur, Thana Tikrapara, District Raipur Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through Police Station Suhela, District Baloda Bazar Bhatapara Chhattisgarh ---- Respondent For Applicants :

Shri Saurabh Choudhary, 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 11.05.2019 in connection with Crime No.131 of 2019 registered at Police Station Suhela, District Baloda Bazar-Bhatapara (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 11-052019. 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 14.580 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 applications for grant of bail in MCRC Nos. 3518/19 & 3656/19 are allowed. It is directed that the Applicants in both the cases 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