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High Court Of ChhattisgarhMCRC/4740/2018allowed

Gurudeep Singh & ANR. v. The State Of Chhattisgarh

2018-07-16Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4740 of 2018

1. Gurudeep Singh S/o Shri Harvinder Singh, Aged About 20 Years, R/o Supela Bhilai, Thana Supela, Civil & Revenue District Durg, Chhattisgarh, District : Durg, Chhattisgarh

2. Rajkumar Sharma @ Gugali S/o Shri Kundan Lal Sharma, Aged About 34 Years, R/o Supela Bhilai, Thana Supela, Civil & Revenue District Durg, Chhattisgarh, District : Durg, Chhattisgarh ---- Applicants

Versus

• The State Of Chhattisgarh Through The Station House Officer, Police Station Kondagaon, District Kondagaon, Chhattisgarh, District : Kondagaon, Chhattisgarh ----Non-applicant For Applicants - Shri Sunil Sahu, Advocate. For Non-applicant/State - Shri Ashok Swarnkar, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 16-07-2018 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 12-06-2018 in connection with Crime No.147/2018 registered at P.S. - Kondagaon, District Kondagaon, Chhattisgarh for the offence under Section 34(2) of C.G. 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 12-06-2018. Hence, it is prayed that the applicants may be released on regular bail. 3.

Learned counsel for the State/non-applicant opposes the application and submission. It is submitted that in total 9 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 the parties and perused the case diary. 5.

Considering on the submissions made and the contents of the case

-2diary, detention of the applicants till conclusion of the trial would not serve any purpose. Hence, for these reasons, I am of the view that the application deserves to be allowed.

6.

Consequently, this application filed by the applicants under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for their appearance as and when directed. 7.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil