Laxmi Sao And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4674 of 2016

1. Laxmi Sao, S/o Ram Niwas Sao, Aged About 37 Years

2. Abhinandan Kumar Gupta, S/o Krishna Prasad Gupta, Aged About 24 Years, Both R/o Durga Nagar, Birgaon, Police Station Urla, Raipur District Raipur Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Khamtarai, Raipur, District Raipur Chhattisgarh ---- Respondent For applicants - Shri Y.C. Sharma, Advocate. For Respondent/State - Shri Anil S. Pandey, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 19/08/2016 1.

The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No.160/2016 registered in Police Station Khamtarai, Raipur (C.G.) for offence punishable under section 3, 7 of Essential Commodities Act.

2.

As per the prosecution case, on 10/05/2016 on information being received that the applicants kept kerosene oil illegally for selling, that area was raided and from the possession of the applicants 4400 liters of kerosene was recovered.

3.

Learned counsel for the applicants submits that actual seizure was made from shop owner Umesh Sao Laden and the present applicants were only workers in the said shop and they have been falsely implicated in the case. He would further submit that charge sheet has been filed in this case and the applicants are in jail since 15/05/2016, therefore the applicants may be enlarged on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the case diary and the documents. Taking into consideration the facts and circumstances of the case, nature of allegations levelled against the applicants and also the fact that charge sheet has been filed and the applicants are in jail since 10/05/2016, this court is inclined to release the applicants on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicants shall be released on each of them furnishing personal bond for a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of concerned trial court for their regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri