Bhoj Lal Sahu & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3709 of 2019

1. Bhoj Lal Sahu S/o Late Shri Biseshar Sahu Aged About 45 Years

2. Santosh Sahu S/o Late Shri Mahettar Sahu Aged About 44 Years Both are Resident of Village Sargi, Tahsil And District Rajnandgaon Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Arjunda District Balod Chhattisgarh.

---- Non-Applicant For Applicants :

Ms. Vaishali Mahilong, Advocate For Non-Applicant :

Shri Sudeep Verma, Deputy Government Advocate. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 03/06/2019

1. The applicants have preferred this application under Section 439 Cr.P.C. for grant of regular bail as they have been arrested in connection with Crime No. 77/2019 registered at Police Station Arjunda, District Balod, on the allegation of having committed the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.

2. Case of the prosecution, in brief, is that the applicant has been found in illegal and unauthorized possession of 5.400 bulk litre of country made liquor.

3. Learned counsel for the Applicants submits that the country liquor has been seized from an open place and not from exclusive physical possession of the Applicants. They have been falsely implicated in this case. They are in jail since

11.05.2019. Though the investigation is not complete, further detention of the applicants is not necessary for completion of investigation. Therefore, at this stage, looking to the small quantity of liquor alleged to be seized, they may be granted bail.

4. On the other hand, learned counsel for the State opposes the bail application and submits that as per the materials available and the case diary, there is no previous criminal track record of the Applicants. However, the unauthorized liquor was seized from the possession of the applicants, a prima facie case is made out. Investigation is not complete, therefore, at this stage the bail application may be rejected.

5. Considering the totality of case, particularly, the fact that this is the first offence committed by the Applicants and there is no previous track record of having committed similar offence, and that further detention of applicants is not necessary for completion of investigation and that the Applicants are in jail since 11.05.2019, this Court is of the opinion that present is a fit case where the applicants should be enlarged on bail.

6. Accordingly, the bail application is allowed. It is directed that on applicants furnishing a personal bond in the sum of Rs. 10,000/- with two local sureties in the like sum to the satisfaction of the Court below concerned, they be released on bail for their appearance before the Court below concerned as and when directed. The applicants shall fully cooperate with the investigation and shall appear before the police authorities as and when directed, failing which the bail granted to them would be liable to be rejected.

7. Certified copy, as per rules.

Sd/- (Parth Prateem Sahu) Vacation Judge Hem