Surendra Kumar Kewat @ Surendra Nishad v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5442 of 2019

1. Surendra Kumar Kewat @ Surendra Nishad S/o Manoj Kumar Kewat Aged About 23 Years

2. Karan Kumar Yadav S/o Shivcharan Yadav Aged About 22 Years (Both are r/o Village Magar Uchhla, Thana Chakarbhata, District Bilaspur Chhattisgarh) ---- Applicants

Versus

• State Of Chhattisgarh Station House Officer, Police Station Mastoori District Bilaspur Chhattisgarh ---- Respondent ____________________________________________________________________ For Applicants :

Ms. Shital Soni, Advocate.

For Non-applicant/State :

Mr. Sanjay Pathak, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 26-08-2019

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 06.08.2019 in connection with Crime No.0305/2019 registered at P.S. Mastoori, District- Bilaspur, Chhattisgah for the offence under Sections 34(2), 47(A), 59A(1) 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 06.08.2019. 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 6.480 bulk liters liquor has been seized from the possession of the applicants. Therefore, they are not entitled for grant of bail.

-24. 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