Ramashankar Kaiwartya & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5745 of 2018

1. Ramashankar Kaiwartya S/o Radheshyam Kaiwartya Aged About 24 Years R/o- Ramsagar Kasdol, Tahsil Kasdol, Thana-Kasdol, District- BalodabazarBhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh

2. Rajkumar Karsh S/o Bihari Karsh Aged About 19 Years R/o- Ramsagar Kasdol, Tahsil Kasdol, Thana-Kasdol, District- Balodabazar-Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through- The Police Thana- Kasdol, DistrictBalodabazar-Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh.

---- Respondent For the Applicants :

Shri Dhirendra Pandey, Advocate.

For the Respondent/State :

Shri Vinod Tekam, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

17.08.2018 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.357 of 2018, registered at Police Station Kasdol, District - Baloda Bazar-Bhatapara, 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 9.720 bulk liters and they were arrested on 26.7.2018.

3.

Learned counsel for the applicants submits that the applicants are in

jail since 26.7.2018 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 9.720 bulk liters; offence is triable by the JMFC and the applicants are in jail since 26.7.2018, 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