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High Court Of ChhattisgarhMCRC/5043/2019allowed

Manish Thakur And ANR. v. State Of Chhattisgarh

2019-08-07Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5043 of 2019

1. Manish Thakur S/o Shri Surjeet Singh Thakur Aged About 21 Years Caste- Kshatriya, Student (B.S.C. Final Year) R/o Village - Badgaon, Police Station Tumgaon, Tehsil & District - Mahasamund, Chhattisgarh

2. Suraj Kirtiniya S/o Shri Sunil Kirtiniya, Aged About 18 Years R/o VillageGhodari, Police Station & Tehsil- Mahasamund, District- Mahasamund, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through, Station House Officer Tumgaon, DistrictMahasamund Chhattisgarh ---- Respondent ____________________________________________________________________ For Applicants :

Shri Surfaraj Khan, Advocate.

For Non-applicant/State :

Shri Roshan Dubey, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 07-08-2019

1. Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicants for grant of regular bail. The applicants have been arrested on 20.07.2019 in connection with Crime No.139/2019 registered at P.S. Tumgaon, District- Mahasamund, Chhattisgah for the offence under Section 34(2) of the C.G. Excise Act.

2. It is submitted on behalf of the applicants that the applicants have been falsely implicated in this case. They are in jail since 20.07.2019. Therefore, it is prayed that the applicants may be granted bail.

3. Learned counsel for the State/non-applicant opposes the application and submission. It is submitted that total 23.220 liters illicit liquor has been seized from the possession of the applicants. Therefore, they are

-2not entitled for grant of bail.

4. Heard learned counsel for the parties and perused the case diary.

5. Considering on the submissions made and the contents of the case diary, detention of the applicants till conclusion of the trial would not serve any purpose. Therefore, for these reason, I am of the view that the application deserves to be allowed.

6. Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned court, for their appearance as and when directed.

7. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Monika