High Court Of ChhattisgarhMCRC/8459/2021allowed

Indradev Rai v. State Of Chhattisgarh

2021-10-28Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8459 of 2021

1. Indradev Rai S/o Haricharit Aged About 19 Years,

2. Vimal Kurre S/o Kaushal Kurre Aged About 18 Years, Both are R/o Dhangava, Chowk Malhar, Thana- Masturi, District- Bilaspur, Chhattisgarh.

---- Applicants

Versus

State Of Chhattisgarh Thorugh Chauki- Malhar, Police Station Masturi, District- Bilaspur, Chhattisgarh.

---- Respondent For the Applicants :

Ms. Supriya Upasane, Advocate For the State :

Shri Dinesh Tiwari, Govt. Advocate ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice N.K. Chandravanshi Order On Board /10/2021

1. As per applicants, this is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and no other bail application is pending before any other court.

2. The applicants have been arrested in connection with Crime No.539/2021 (537/2021 & 539/2020 wrongly mentioned in order) registered in Chowki Malhar, Police Station Masturi , District Bilaspur (CG) for offence punishable under Section 34(2) and 59 (a) of C.G. Excise Act.

3. Prosecution story in brief is that on 12/10/2021, 15 liters 840 ML of country made liquor has been seized from joint possession of the applicants.

4. Counsel for the applicants argued that the applicants are innocent, they have been falsely implicated, they are in jail since 13/10/2021, hence they be released on bail.

5. On the other hand, the State counsel opposed the bail application. He further submitted that as per case diary there is no criminal antecedent has been reported against applicants in the police case diary.

6. Considered the submissions made by counsel for both the parties.

7. Considering the nature and gravity of the offence and quantity of seized liquor, the detention period of the applicant, I feel inclined to allow the bail application. It is directed that if each of the applicants furnishes one solvent surety for a sum of Rs.25,000/- along with one personal bond in the like sum to the satisfaction of the trial Court concerned for their appearance before the concerned Court as and when directed by the said Court, they be released on bail. CC as per rules.

Sd/- (N.K. Chandravanshi) JUDGE Kamde