Mahendra Baghel & ANR. v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4511 of 2018

1. Mahendra Baghel S/o Late Lakhan Lal Aged About 34 Years R/o- Village Nawapara, P.S. Ratanpur, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

2. Nilesh Kosale S/o Ramsharan Kosale Aged About 30 Years R/o- Village Nawapara, P.S. Ratanpur, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through- The Police Station Ratanpur, DistrictBilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondent ____________________________________________________________________ For Applicant :

Shri P.K. Tulsyan, Advocate.

For Non-applicant/State :

Smt. M. Asha, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 09-07-2018

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. 203/2017, registered at Police Station- Ratanpur, District - Bilaspur (C.G.) for the offence punishable under Section 34(2) & 59 (A) of the Chhattisgarh Excise Act.

2. The prosecution alleges that the applicants were found to be in possession of illicit foreign liquor measuring about 6.300 bulk liters and they were arrested on 6.6.2018.

3. Learned counsel for the applicants submits that the applicants have falsely been implicated in this case and they are in jail since 6.6.2018; therefore, they may be released on bail.

-24. 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 6.300 bulk liters; offence is triable by the JMFC and the applicants are in jail since 6.6.2018, 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. It is directed that the applicants shall be released on bail on their furnishing a personal bond for a sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha