High Court Of ChhattisgarhMCRC/6352/2018allowed

Sunil Banjare And ANR. v. State Of Chhattisgarh

2018-09-10Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6352 of 2018 • Sunil Banjare S/o Dharamdas Banjare Aged About 25 Years R/o- Village Satnami Para, Damakheda, Police Station Simga, District- Baloda BazarBhatapara, Chhattisgarh. • Bhikham @ Ballu Banjare S/o Ramlal Aged About 50 Years R/o- Village Satnami Para, Damakheda, Police Station Simga, District- Baloda BazarBhatapara, Chhattisgarh. ---- Applicants

Versus

• State Of Chhattisgarh Through- Station House Officer, Police Of Police Station Simga, District- Baloda Bazar- Bhatapara, Chhattisgarh. ---- Respondent For Applicants : Shri Anil Gulati, Advocate.

For Respondent/State : Shri Vivek Singhal, Panel Lawyer.

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 Cr.P.C. for grant of regular bail as they are arrested in connection with crime No. 269/2018, registered at Police Station Simga, District Baloda Bazar- Bhatapara (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. As per the prosecution story, on 19.08.2018, on the basis of information received from an informant, police personnels searched the applicants and total 5.760 bulk litres of foreign liquor has been seized from the joint possession of the present applicants and they have been arrested on 19-08-2018.

3. Shri Anil Gulati, learned counsel appearing on behalf of the Applicants submits that the applicants are innocent and have been falsely implicated in the case. He further submits that the applicants have no

criminal antecedent, they are in custody since 19-08-2018 and trial will take some time. 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 the parties.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the applicants have no criminal antecedent, they are in custody since 1908-2018 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release them on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicants shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- each with one solvent surety 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 Shubham