Ashok Khanna And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5425 of 2018

1. Ashok Khanna S/o Late Shri Goverdhan Das Khanna Aged About 34 Years R/o- Nehru Nagar, Bilaspur, Chhattisgarh P.S.- Civil Lines, Bilaspur, Chhattisgarh Tahsil And District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

2. Suresh Yadav S/o Shri Bhojram Yadav Aged About 20 Years R/oJabrapara, Bilaspur, Chhattisgarh, P.S. Sarkanda, Bilaspur, Chhattisgarh, Tahsil And District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through- Excise Sub Inspector, Circle Bilaspur West, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh. ---- Respondent For the Applicants :

Shri Shyam Sunder Lal Tekchandani, Advocate.

For the Respondent/State :

Shri Neeraj Mehta, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

08.08.2018 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.42 of 2018, registered at Excise Sub-Inspector, Circle Bilaspur West, District - Bilaspur, Chhattisgarh for the offence punishable under Sections 34(1)(a), 34(2), 59(a) and 36 of the Chhattisgarh Excise Act.

2.

The prosecution alleges that the applicants were found to be in possession of illicit liquor measuring about 24 bulk liters and they were arrested on 11.7.2018.

3.

Learned counsel for the applicants submits that the applicants are in jail since 11.7.2018 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 24 bulk liters; offence is triable by the JMFC and the applicants are in jail since 11.7.2018, 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