High Court Of ChhattisgarhMCRC/5116/2018allowed

Sitaram Sahu And ORS. v. State Of Chhattisgarh

2018-07-30Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5116 of 2018

1. Sitaram Sahu And Ors. S/o Aajuram Sahu Aged About 52 Years R/o Village Dhodha, P. S. And Tehsil Simga, District Baloda BazarBhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh

2. Moti Lal Koshle S/o Mahettar Koshle Aged About 28 Years R/o Village Dhodha, P. S. And Tehsil Simga, District Baloda Bazar- Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh

3. Dharam Das S/o Kejoo Ram Koshle Aged About 21 Years R/o Village Dhodha, P. S. And Tehsil Simga, District Baloda Bazar- Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through P. S.Simga, District Baloda BazarBhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh ---- Respondent ____________________________________________________________________ For Applicant :

Mr. Shobhit Koshta, Advocate.

For Non-applicant/State :

Mr. N.K. Mehta, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 30-07-2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No. 203/2018, registered at Police Station-Simga, District-Balodabazar-Bhatapara(C.G.) for the offence punishable under Sections 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 6.480 bulk liters and they were arrested on 5.7.2018.

-23. Learned counsel for the applicants submits that the applicants have falsely been implicated in this case and they are in jail since 5.7.2018; therefore, they may be released on bail.

4. Learned State counsel opposes the prayer for grant of bail, however, they 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 6.480 bulk liters; offence is triable by the JMFC and the applicants are in jail since 5.7.2018, this Court is inclined to release the applicants on bail.

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

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha