Narottam Bariha & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6106 of 2018 1.

Narottam Bariha S/o Ramnath, aged about 28 years, by caste Binjhwar, R/o Village- Bastipali 2.

Shyam Kumar S/o Budhu, aged about 50 years, by caste: Binjhwar R/o Village- Chattigirola, Both Police Station: Saraipali, District: Mahasamund (C.G.) --- Applicants

Versus

State of Chhattisgarh, Through- Station House Officer, Police Station: Saraipali, District: Mahasamund (C.G.).

---- Respondent For Applicants :

Mr. Gurudev I Sharan, Advocate For Respondent :

Mr. S.R.J. Jaiswal, PL Hon'ble Shri Justice Arvind Singh Chandel Order on Board 04/09/2018 1.

The applicants have preferred this First bail application under Section 439 of the Cr.P.C for grant of regular bail as they are arrested in connection with Crime No. 252/2018 registered at Police StationSaraipali, District- Mahasamund (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act. 2.

As per prosecution story, on 07/08/2018 on the basis of information received from the informant, the police party searched and seized 25 bulk liters of country made liquor from the joint illegal possession of the applicants. The applicants were arrested on 07/08/2018. 3.

Learned counsel appearing on behalf of the applicants submits that the applicants are innocent and have been falsely implicated. They are in custody since 07/08/2018 and they have no criminal antecedent,

therefore, they may be released on bail.

4.

Per contra, learned counsel appearing on behalf of the State opposes the bail application.

5.

I have heard learned counsel for both the parties. 6.

Considering the entire facts and circumstances of the case, particularly considering that the applicants are in custody since 07/08/2018 and they have no criminal antecedent, I am inclined to release the applicants on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the applicants shall be released on bail on each of them executing personal bond for a sum of Rs. 20,000/- with one surety each for the like amount to the satisfaction of the trial Court for their appearance before the said Court, as and when directed. Sd/- (Arvind Singh Chandel) Judge Rahul