High Court Of ChhattisgarhMCRC/6578/2018allowed

Jagdish Narange @ Buthalu Narange And ANR. v. State Of Chhattisgarh

2018-09-19Hon'Ble Shri Justice Arvind Singh Chandel2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6578 of 2018

1. Jagdish Narange @ Buthalu Narange S/o Lainu Narange Aged About 30 Years R/o- Village Mekri, P.S. Pamgarh, District- Janjgir-Champa, Chhattisgarh.

2. Jaipal Suryawanshi S/o Chhattu Ram Suryawanshi Aged About 36 Years R/o- Village Mekri, P.S. Pamgarh, District- Janjgir-Champa, Chhattisgarh. ---- Applicants

Versus

• State Of Chhattisgarh Through- The Station House Officer, Police StationPamgarh, District- Janjgir-Champa, Chhattisgarh. ---- Respondent For Applicants : Ms. Rajkumari Yadav, Advocate.

For Respondent/State : Shri Vaibhav Goverdhan, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 19/09/2018

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. 202/2018, registered at Police Station Pamgarh District Janjgir-Champa (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act 1915.

2. As per the prosecution story, on 06.08.2018, on the basis of information received from the informant, Police authority searched the applicants and seized 6 bulk litres of country made liquor from the possession of Applicant No. 1 and 7 bulk litres of country made liquor from the possession of Applicant No. 2. The applicants have been arrested on the same day.

3. Ms. Rajkumari Yadav, learned counsel appearing on behalf of the Applicants submits that applicants are innocent and they have been falsely implicated in the present case. She further submits that the

applicants have no criminal antecedent, they are in custody since 0608-2018 and trial will likely to take some time, therefore, the applicants may be released on bail.

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

5. I have heard learned Counsel for both the parties.

6. Considering the facts and circumstances of the case and evidence collected by the prosecution, further considering the fact that the applicants have no criminal antecedent, they are in custody since 0608-2018 and trial will likely to take some time, without further commenting on merit of the case, 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 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 R ahul