Raj Kumar And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3129 of 2016

1. Raj Kumar, S/o Dukalu Satnami, Aged About 30 Years, R/o Village Raurpur, Post Balsamund, P.S. Bemetara, District Bemetara, Chhattisgarh.

2. Rajesh S/o Jawahar Lal Satnami Aged About 30 Years R/o Village Raurpur, Post Balsamund, P.S. Bemetara, District Bemetara, Chhattisgarh.

---- Applicants

Versus

State of Chhattisgarh Through The Station House Officer, Police Station Bemetara, District Bemetara, Chhattisgarh. ---- Respondent ------------------------------------------------------------------------------------------------------- For Applicants :

Mr. Manoj Kumar Jaiswal, Advocate For Respondent/State :

Mr. Law Sharma, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 29/06/2016 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. 235/2016 registered at Police Station- Bemetara, District Bemetara (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 27 bulk liters and they were arrested on 07.05.2016.

3.

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

07.05.2016, 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, the applicants have no previous antecedents of similar offence.

5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 27 bulk liters; offence is triable by the JMFC and the applicants are in jail since 07.05.2016, 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 each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

Sd/- (Goutam Bhaduri) Judge Santosh