Bhagvatiya Patel And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 4943 of 2018

1. Bhagvatiya Patel And Anr. S/o Narshing Patel Aged About 35 Years Caste Aghariya, Occupation Agriculture, R/o Village Bagadaraha, P. S. Sankra, District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh

2. Chandramani Bariha S/o Bhuvno Bariha Aged About 45 Years Caste Binjhwar, Occupation Labour, R/o Village Bagadaraha, P. S. Sankra, District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh. ---- Applicants

Versus

State Of Chhattisgarh Through P.S. Sankra, District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh. ---- Respondent For the Applicants :

Shri Utkal Pradhan, Advocate.

For the Respondent/State :

Shri Neeraj Mehta, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

23.07.2018 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No.67 of 2018, registered at Police Station Sankra, District - Mahasamund, Chhattisgarh 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 30 bulk liters and they were arrested on 26.6.2018.

3.

Learned counsel for the applicants submits that the applicants are in jail since 26.6.2018 and the applicants have been falsely implicated in this

case; therefore, they may be released on bail. 4.

On the other hand, learned counsel for the State 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 30 bulk liters; offence is triable by the JMFC and the applicants are in jail since 26.6.2018, this Court is inclined to release the applicants on bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

7.

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 trial Court, for their appearance as and when directed.

8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi