Rakesh @ Rajesh @ Pakalu Nirala And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5030 of 2018

1. Rakesh @ Rajesh @ Pakalu Nirala S/o Shri Bhola Ram Nirala Aged About 21 Years R/o Village Sukulkari, Police Station Pachpedi, Civil And Revenue District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh

2. Rajkumari W/o Late Shri Kunwar Singh Aged About 45 Years R/o Village Pataidih, Police Station Pachpedi, Civil And Revenue District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Pachpedi, Civil And Revenue District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh.

---- Respondent For the Applicants :

Shri Paras Mani Shriwas, Advocate.

For the Respondent/State :

Shri Ashok Swarnakar, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

30.07.2018 Heard.

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.75 of 2018, registered at Police Station Pachpedi, District - Bilaspur, Chhattisgarh for the offence punishable under Sections 34(1)(A), 34(2) and 59(A) of the Chhattisgarh Excise Act. 2.

The prosecution alleges that the applicants were found to be in possession of illicit liquor measuring about 45.500 bulk liters and they were arrested on 29.6.2018.

3.

Learned counsel for the applicants submits that the applicants are in jail since 29.6.2018 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 45.500 bulk liters; offence is triable by the JMFC and the applicants are in jail since 29.6.2018, 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