Jogendra Satnami & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5938 of 2018

1. Jogendra Satnami S/o Ganesh Ram Satnami Aged About 25 Years

2. Ajay Kumar Kurre S/o Umend Lal Aged About 21 Years Both are R/o- Village Vidyadih, Post- Okhar, Tahsil And Police StationMasturi, District- Bilaspur, CG ---- Applicants

Versus

State Of Chhattisgarh Through- The Chowki, Malhar, Police Station Masturi, District- Bilaspur, CG ----Non-applicant For applicants Mr. S.C. Verma, Adv.

For non-applicant/State Mr. Sumit Jhanwar, PL.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 4-91. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and their no bail application is pending before any other court.

2. The applicants have been arrested in connection with Crime No. 296/2018 registered in Chowki, Malhar, Police Station Masturi, Distt. Bilaspur (CG) for offence punishable under Sections 34(1)(a), 34(2) and 59(a) of the CG Excise Act.

3. Prosecution story in brief is that on 27-7-2018, 12 bulk litre handmade country liquor has been seized from the applicants.

4. Counsel for the applicants argued that the applicants are innocent and have been falsely implicated hence they be released on bail.

5. On the other hand, the State Counsel opposed the bail application. He further submits that no criminal antecedent has been reported against them in the police case diary.

6. Looking to the above facts and circumstances of the case, the application is allowed. It is ordered that if each applicant furnishes one solvent surety for a sum of Rs. 25,000/- along with one personal bond of Rs. 25,000/- to the satisfaction of the trial Court concerned, they be released on bail.

7. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak