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High Court Of ChhattisgarhMCRC/8465/2021allowed

Rajkumar Kurre v. State Of Chhattisgarh

2021-11-08Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8465 of 2021

1. Raj Kumar Kurre S/o Santosh Kurre Aged About 24 Years R/o Semriya Post / Tahsil Lormi, District Mungeli Chhattisgarh

2. Subhash Khunte S/o Chunni Lal Khunte Aged About 21 Years R/o Shuklabhata, Police Station Sarsiwa, District Baloda Bazar Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through The Police Station Sarsiwa, District Baloda Bazar Chhattisgarh.

---- Respondent For the Applicants :

Shri Manharan Lal Sahu, Advocate For the State :

Ms. Anjali Chouhan, P.L.

----------------------------------------------------------------------------------------------- Hon'ble Shri Justice N.K. Chandravanshi Order On Board /11/2021

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.280/2021 registered in Police Station Sarsiwa, District Balodabazar (CG) for offence punishable under Section 34(2) of C.G. Excise Act.

3. Prosecution story in brief is that on 20/10/2021, 35 bulk liter of country made liquor has been seized from the joint possession of applicants.

4. Counsel for the applicants argued that the applicants are innocent, they have been falsely implicated, this is first crime of this nature has been registered against them, they are in jail since 21/10/2021, hence they be released on bail.

5. On the other hand, the State counsel opposed the bail application. She further submits that as per case diary there is no crime of this nature has been registered against them.

6. I have heard learned counsel for the parties, perused the case diary and material available on record.

7. Considering the fact and circumstances of the case, quantity of seized liquor which has been seized from the joint possession of the applicants and also taking into consideration that no case of this nature has been registered against the applicants, 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