Indar Rana And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 5521 of 2018 1.

Indar Rana S/o Gaja Rana Aged About 40 Years 2.

Bhojraj Sidar S/o Chandramani Aged About 41 Years Both R/o- Ward No. 11 Sankra, Thana- Sankra, Tahsil Pithora, DistrictMahasamund, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through- Station House Officer, Police StationSankra, District- Mahasamund, Chhattisgarh. ---- Respondent For Applicant :

Mr. Vikas Pradhan, Advocate For Respondent :

Mr. Anupam Dubey, P.L.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 08/08/2018 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. 71/2018, registered at Police Station- Sankra, District - Mahasamund (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 7.200 liters and they were arrested on 07.07.2018.

3.

Learned counsel for the applicants submits that the applicants have falsely been implicated in this case and they are in jail since

07.07.2018; therefore, she may be released on bail. 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 7.200 liters; offence is triable by the JMFC and the applicants are in jail since 07.07.2018, 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.

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 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 Balram