Ramesh Rajput And ANR. v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 318 of 2017

1. Ramesh Rajput, S/o. Shri Ranveer Rajput, aged about 45 years, R/o. Village-Madhmadhi, Thana - Diwani, District - Diwani (Hariyana).

2. Pradeep Rajput, S/o. Shri Vikram Singh Rajput, aged about 26 years, R/o. Village-Keru, Thana - Keru, District - Diwani (Hariyana). Both Hal Mukam - K.K. Ward, Bhatapara (City), District - Baloda Bazar - Bhatapara (C.G.) ---- Applicants

Versus

The State of Chhattisgarh, Through : Station House Officer, Police Station - Baloda Bazar, District - Baloda Bazar - Bhatapara (C.G.) ---- Respondent For Applicants :

Mr. Sandeep Singh, Advocate For Respondent :

Mr. Wasim Miyan, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 30/01/2017 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.03/2017, registered at Police Station- Baloda Bazar, District - Baloda Bazar - Bhatapara (C.G.) 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 45 liters and they were arrested on 03.01.2017.

3.

Learned counsel for the applicants submits that the applicants have falsely been implicated in this case and they are in jail since 03.01.2017; therefore, they may be released on bail.

Page No.2 4.

Learned State counsel 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 liters; offence is triable by the JMFC and the applicants are in jail since 03.01.2017, 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.

7.

It is directed that the applicants shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety each 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/- (Goutam Bhaduri) Judge Balram