Sulendar & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6381 of 2018 1.

Sulendar S/o Dhaniram Aged About 26 Years 2.

Tularam S/o Rainu Aged About 27 Years, Both are R/o Village Amlidih, Thana And Tahsil Pithora, District Mahasamund, Chhattisgarh. ---- Applicants

Versus

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

---- Respondent For the Applicants :

Shri S.S. Baghel, Advocate appears on behalf of Shri Vikas Pradhan, Advocate For the State :

Ms. Smita Ghai, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /09/2018 1.

This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court. 2.

The applicants have been arrested in connection with Crime No.140/2018 registered in Police Station Pithora, District Mahasamund (C.G.) for the offence punishable under Section 34(2) of CG Excise Act. 3.

Case of the prosecution, in brief is that on 09/08/2018, 10 bulk liters hand made country liquor has been seized from the possession of the applicants. 4.

Counsel for the applicants argued that the applicants are innocent and has been falsely implicated, hence, they be released on bail. 5.

On the other hand, the State opposed the bail application. She 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 ordered that if the applicants furnishes one solvent surety for a sum of Rs. 25,000/- each along with one personal bond of Rs. 25,000/- each to the satisfaction of the trial Court concerned, they be released on bail. 7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde