Surendra Kumar Sahu And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6314 of 2018 1.

Surendra Kumar Sahu S/o Moti Ram Sahu, aged about 24 years R/o Village- Kailashpur, Police Station and Tahsil Ramanujnagar, DistrictSurajpur (C.G.). 2.

Vedram Singh S/o Lakhan Singh, aged about 26 years, R/o Village Bishunpur, Police Station Surajpur, Tahsil Ramanujnagar, DistrictSurajpur (C.G.). --- Applicants

Versus

State of Chhattisgarh, Through- Station House Officer, Outpost Basdei, Police Station, Surajpur, District- Surajpur (C.G.). ---- Respondent For Applicants :

Mr. Anil Gulati, Advocate For Respondent :

Mr. S.R.J. Jaiswal, PL Hon'ble Shri Justice Arvind Singh Chandel Order on Board 10/09/2018 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. 273/2018 registered at Police StationOutpost Basdei, P.S. Surajpur, District- Surajpur (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act. 2.

As per prosecution story, on 15/08/2018 on the basis of information received from the informant, the police party searched and seized 10.26 bulk liters of foreign liquor from illegal possession of applicant No.1 and 14.40 bulk liters of foreign liquor from illegal possession of applicant No.2. The applicants were arrested on 15/08/2018. 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 15/08/2018 and they have no known criminal antecedent, therefore, the applicants 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 15/08/2018 and they have no known 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 in the like sum to the satisfaction of the trial Court for their appearance before the said Court, as and when directed. Sd/- (Arvind Singh Chandel) Judge Rahul