Devlal Thakur & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5992 of 2018

1. Devlal Thakur S/o Resham Thakur Aged About 30 Years R/o- Village Dhebikhar, Thana Rajadevari, District- Balodabazar, Chhattisgarh.

2. Jayram Thakur S/o Resham Thakur Aged About 28 Years R/o- Village Dhebikhar, Thana Rajadevari, District- Balodabazar, Chhattisgarh. ---- Applicants

Versus

• State Of Chhattisgarh Through- Station House Officer, Police Station- Pithora, District- Mahasamund, Chhattisgarh.

---- Non-applicant For Applicants : Shri Vikash Pradhan, Advocate For Non-applicant : Shri Washim Miyan, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 04.09.2018 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and no other bail application is pending before any other Court.

2.

The applicants have been arrested in connection with crime No. 135/2018 registered at Police Station - Pithora, District - Mahasamund (C.G.) for the offence punishable under Sections 34(2) of the C.G. Excise Act. 3.

Case of the prosecution, in brief is that on 29.07.2018, 09 bulk liters hand made country liquor has been seized from the applicants. 4.

Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case, therefore, they may be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application. He further submits that there is no antecedent against the applicants.

6.

Looking to the above facts and circumstances of the case, the application is allowed. It is directed that if each applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond of Rs. 25,000/- to the satisfaction of the concerned Trial Court, he be released on bail. 7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore