Nirmal Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6177 of 2020 • Murli Yadav S/o Santram Yadav, aged about 30 years, R/o Village: Daganiya, Tahsil Saraipali, District Mahasamund (C.G.) (wrongly mentioned in order sheet as District Saraipali) ----Applicant

Versus

• The State of Chhattisgarh, Through Station House Officer, Police Station : Sarangarh, District : Raigarh (C.G.). ---- Respondent and MCRC No. 6975 of 2020

1. Baramkeliha Singh son of Bhimsen Singh, aged about 50 years.

2. Nirbhay Singh son of Baramkeliha Singh, aged about 19 years.

3. Kishor Sidar son of Baramkeliha Singh, aged about 28 years, All the resident of Village Tilaipali, P. S. Saraipali District- Mahasamund (C.G.).

----Applicants

Versus

• The State of Chhattisgarh, Through Station House Officer, Police Station : Sarangarh, District : Raigarh (C.G.). ---- Respondent and MCRC No. 7213 of 2020 • Nirmal Singh S/o Madhur Singh, aged about 30 years, occupation labour R/o Village Tilaipali Police Station Saraipali, DistrictMahasamund, C.G.

----Applicant

Versus

• The State of Chhattisgarh, Through Station House Officer, Police Station : Sarangarh, District : Raigarh (C.G.). ---- Respondent and MCRC No. 7619 of 2020

4. Sarthi Singh S/o Mahettar Singh, aged about 35 years, occupation labour R/o Village Tilaipali Police Station Saraipali, DistrictMahasamund, C. G. ----Applicant

Versus

• The State of Chhattisgarh, Through Station House Officer, Police Station : Sarangarh, District : Raigarh (C.G.). ---- Respondent For Respective Applicants :Shri Prabhat Saxsena, Advocate, Shri Vikash Pradhan, Advocate and Shri Manoj Kumar Mishra, Advocate For State :Shri B. P. Banjare, Dy. G. A.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 04/12/2020 1.

As all these applications filed under Section 439 of CR. P. C. arise out of the same Crime No. 577/2020 registered at Police Station Sarangarh, District- Raigarh (C.G.) Chhattisgarh for the offence punishable under Sections 34 (2) & 59-A of the C.G. Excise Act, they are being disposed of by this common order.

2.

Allegation against the applicants is that they were found in illegal possession of 500 liters of liquor.

3.

Learned counsels for the applicants submits that the applicants have been falsely implicated in this crime, the applicants languishing in jail since 23.08.2020 (in MCRC Nos. 6177/2020, 6975/2020 & 7619/2020) & the applicant (in MCRC No. 7213/2020) is in jail since 24.08.2020 and conclusion of trial is likely to take some time. 4.

On the other hand, learned counsel for the State opposes the bail applications.

5.

Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the quantity of illicit liquor, the detention period of the applicants and the fact that conclusion of trial may take some time, the applications are allowed. It is directed that in the event of applicants executing a personal bond for a sum of Rs. 2,00,000/- each with two sureties of Rs.1,00,000/- each to the satisfaction of the concerned trial Court, they shall be released on bail. They are directed to appear before the trial Court on each and every date given to them by the said Court, till disposal of the trial. 6.

It is made clear that the applicants shall not involve themselves in any offence of similar nature in future or else this order granting bail to the applicants shall automatically stand cancelled without further reference to the Bench.

Sd/- Gautam Chourdiya Judge amita