Netram And ORS. v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4457 of 2019

1. Netram S/o Nammu Sahu, Aged About 38 Years, Caste- Teli, R/o Pinkapar, Tahsil and Police Station- Dongargarh, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh

2. Shubham Banjare S/o Jitendra Banjare, Aged About 19 Years, CasteSatnami, R/o Pinkapar, Tahsil and Police Station- Dongargarh, DistrictRajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh

3. Ramlal Patel S/o Dhanuk Patel, Aged About 26 Years, Caste- Marar, R/o Pinkapar, Tahsil and Police Station- Dongargarh, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Applicants

Versus

• State of Chhattisgarh Through Police Station- Dongargarh, DistrictRajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh ----Non-applicant For Applicants - Shri Shubham Thakur, Advocate. For Non-applicant/State -Shri Ghanshyam Patel, Govt. Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 15-07-2019 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 25-06-2019 in connection with Crime No.343/2019 registered at P.S. - Dongargarh, District- Rajnandgaon, Chhattisgarh for the offence under Section 34(2) of 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 25-06-2019. 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 14.400 bulk liter illicit liquor has been seized from the possession of the applicants. Also, there is one previous case registered against each of applicants Netram and Ramlal Patel. Hence, they are not entitled for grant of bail.

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Heard learned counsel for the parties and perused the case diary. 5.

Considering on the submissions made and the contents of the case diary, 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