Punesh Sahu And ANR. v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5730 of 2019

1. Punesh Sahu S/o Shri Ashwani Sahu Aged About 20 Years By Caste - Teli, R/o Village - Achholi, Thana And Tahsil Dongargarh District Rajnandgaon Chhattisgarh.

2. Abhisek Rajput S/o Shri Durga Singh Rajput Aged About 26 Years By Caste - Rajput, R/o Village Achholi, Thana And Tahsil Dongargarh, District Rajnandgaon Chhattisgarh.

---- Applicants

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Dongargarh, District Rajnandgaon Chhattisgarh. ---- Respondent For the Applicants :

Shri Sunil Sahu, Advocate.

For the Respondent/State :

Shri Jitendra Shukla, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

02.09.2019 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No.426 of 2019, registered at Police Station Dongargarh, District - Rajnandgaon, Chhattisgarh for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2.

The prosecution alleges that the applicants were found to be in possession of illicit liquor measuring about 17.280 bulk liters and they were arrested on 16.8.2019.

3.

Learned counsel for the applicants submits that the applicants are in

jail since 16.8.2019 and the applicants have been falsely implicated in this case; therefore, they may be released on bail. 4.

On the other hand, learned counsel for the State opposes the prayer for grant of bail, however, he would submit that as per the information received from the concerned SHO, the applicants have no previous antecedents of similar offence.

5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 17.280 bulk liters; offence is triable by the JMFC and the applicants are in jail since 16.8.2019, this Court is inclined to release the applicants on bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

7.

It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi