High Court Of ChhattisgarhMCRC/6670/2018allowed

Dharmendra Kumar Lahare & ANR. v. State Of Chhattisgarh

2018-09-24Hon'Ble Shri Justice Arvind Singh Chandel2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6670 of 2018

1. Dharmendra Kumar Lahare S/o Shri Dujram Lahare Aged About 25 Years R/o Village- Beladula, Police Station- Jaijaipur, Civil And Revenue District - Janjgir Champa, Chhattisgarh.

2. Prem Prakash Agrawal S/o Shri Surajmal Agrawal Aged About 29 Years R/o Village- Beladula, Police Station- Jaijaipur, Civil And Revenue District - Janjgir Champa, Chhattisgarh. ---- Applicants

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station- Jaijaipur (Wrongly Mentioned Through The District Magistrate Janjgir), Civil And Revenue District- Janjgir- Champa, Chhattisgarh ---- Respondent For Applicants : Shri Paras Mani Shrivas, Advocate.

For Respondent/State : Shri Vaibhav Goverdhan, Panel Lawyer. Hon'ble Shri Justice Arvind Singh Chandel Order On Board 24/09/2018

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. 146/2018, registered at Police Station Jaijaipur District Janjgir-Champa (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. As per the prosecution story, on 17.08.2018, on the basis of information received from the informant, police personnels searched the applicants and total 15 bulk litres of country made liquor has been seized from the possession of the present

applicants and they have been arrested on 17.08.2018.

3. Learned counsel appearing on behalf of the Applicants submits that the applicants are innocent and have been falsely implicated in the present case. He further submits that the applicants have no criminal antecedent, they are in custody since 17-08-2018 and trial will take some time, therefore, they 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 17-08-2018 and trial will likely to take some time, without further commenting on merit 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 each of them executing a personal bond for a sum of Rs. 20,000/- 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