Subhash & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.6605 of 2018

1. Subhash, S/o Sukhiram Suryawanshi Aged About 28 Years CasteSuryawanshi, R/o- Village- Borsi, Thana Pamgarh, District- Janjgir-Champa, Chhattisgarh.

2. Narottam Satnami S/o Chaukaram Suryawanshi Aged About 24 Years CasteSuryawanshi, R/o- Village- Bhakchauda, Thana Pachpedi Naka Bilaspur, District- Bilaspur, Chhattisgarh.

---- Applicants

Versus

State Of Chhattisgarh Through- District Magistrate, District- Janjgir-Champa, Chhattisgarh.

---- Non-applicant For Applicants : Mr. Suresh Tandon & Mr. K.K. Dewangan, Advocates For Non-applicant : Mr. Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 25.09.2018 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and their no bail application is pending before any other Court.

2.

The applicants have been arrested in connection with Crime No.222/2018 registered in Police Station Pamgarh, District Janjgir Champa for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3.

Prosecution story in brief is that on 22.08.2018, 6.300 bulk liters country made liquor has been seized jointly from the applicants. 4.

Counsel for the applicants argued that the applicants are innocent and have been falsely implicated in the present case hence they may be released on bail.

5.

On the other hand, counsel for the State opposed the bail application. He further submits that previously one case under Sections 107 & 116 of CrPC have already been registered against the applicant No.1-Subhash and no criminal antecedents is reported against the applicant No.2-Narottam Satnami in police case diary.

6.

Looking to the above facts and circumstances of the case, the application of the applicant No.1-Subhash is allowed. It is ordered that if the

applicant No.1 furnishes two solvent sureties each for a sum of Rs.25,000/- along with one personal bond of Rs.50,000/- to the satisfaction of the concerned Trial Court with the condition that will not involve himself in any of the crime in future, he be released on bail.

7.

Looking to the above facts and circumstances of the case, the application of the applicant No.2-Narottam Satnami is allowed. It is directed that if the applicant No.2 furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond of Rs.25,000/- to the satisfaction of the concerned Trial Court, he be released on bail.

8.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) L JUDGE