High Court Of ChhattisgarhMCRC/8636/2021allowed

Satyanarayan Thakur v. State Of Chhattisgarh,

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

MCRC No. 8636 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8636 of 2021

1. Satyanarayan Thakur S/o Manbodh Singh Thakur Aged About 30 Years R/o Village Dhanura Tahsil Keshkal District Kondagaon Chhattisgarh.

2. Tarun Baghel S/o Mahesh Kumar Baghel Aged About 22 Years R/o Village Dhanura Tahsil Keshkal District Kondagaon Chhattisgarh.

---- Applicants

Versus

1. State of Chhattisgarh, Through - The Police Station Dhanura, District Kondagaon Chhattisgarh.

---- Respondent _____________________________________________________ For Applicants - Shri Anil Gulati, Advocate on behalf of Shri Pravin Kumar Tulsyan, Advocate.

For Respondent/State - Shri Alok Nigam, Government Advocate. Hon'ble Justice Shri N.K. Chandravanshi Order on Board 08-11-2021

1. Heard.

2. The applicants have preferred the first bail application under Section 439 of the Cr.P.C. for grant of regular bail, as they are arrested in connection with Crime No.48/2021, registered at Police Station - Dhanura, District - Kondagaon (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.

MCRC No. 8636 of 2021

3. Case of the prosecution, in brief, is that on 17-10-2021, the applicants were found in joint illicit possession of 37.800 bulk liters of foreign liquor.

4. Learned counsel for the applicants would submit that the applicants are innocent, they have been falsely implicated in the instant case and they are in jail since 17-10-2021. He further submits that this is the first crime registered against both the applicants. Hence, they may be enlarged on bail.

5. Learned counsel for the State would oppose the bail application of the applicants. He further submits that as per case diary, no criminal antecedent has been found registered against them.

6. After hearing learned counsel for both the parties and perused the material available on record and also for the fact that the applicants are in jail since 17-10-2021, I feel inclined to enlarge the applicants on bail.

7. Accordingly, the present bail application is allowed. It is directed that if each of them 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.

SD/- (N.K. Chandravanshi) Judge Amardeep