Neharu And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5025 of 2019

1. Neharu S/o Nakul Aged About 40 Years R/o Village Bundeli, Outpost - Bundeli, Thana - Tendukona, Tahsil Pithora, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh

2. Sugriv S/o Nakul Aged About 50 Years R/o Village Bundeli, Outpost - Bundeli, Thana - Tendukona, Tahsil Pithora, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through Station House Officer, Police Station (Outpost Bundeli), Tendukona, District Mahsamund Chhattisgarh. ---- Respondent For the Applicants :

Shri Vikash Pradhan, Advocate.

For the Respondent/State :

Shri Ghanshyam Patel, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

06.08.2019 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.91 of 2019, registered at Outpost Bundeli, Police Station Tendukona, District - Mahasamund, Chhattisgarh 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 15 bulk liters and they were arrested on 14.7.2019.

3.

Learned counsel for the applicants submits that the applicants are in

jail since 14.7.2019 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 15 bulk liters; offence is triable by the JMFC and the applicants are in jail since 14.7.2019, 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