Raisingh Sidar & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7045 of 2018

1. Raisingh Sidar S/o Sardharam Sidar Aged About 45 Years R/o Village Paita, Outpost Bhawarpur, Police Station Basna, District Mahasamund, Chhattisgarh.

2. Dhanurjay Sidar S/o Shyamlal Sidar Aged About 21 Years R/o Village Paita, Outpost Bhawarpur, Police Station Basna, District Mahasamund, Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Outpost Bhawarpur, Police Station Basna, District Mahasamund, Chhattisgarh. ---- Respondent __________________________________________________________________ For Applicants : Shri Anil Gulati, Advocate.

For Respondent/State : Shri UKS Chandel, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 10/10/2018

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. 359/2018, registered at Police Outpost Bhawarpur Police Station Basna, District Mahasamund (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. As per the prosecution story, on 06.09.2018, on the basis of information received from an informant, police personnels searched the applicants and total 20 bulk litres of country-made liquor has been seized from their possession and they have been arrested on 06-092018.

3. Learned counsel appearing on behalf of the Applicants submits that the applicants are innocent and have been falsely implicated in the

case. He further submits that the applicants are in custody since 0609-2018 and trial will take some time. Therefore, they may be released on bail.

4. Per contra, learned counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the applicants are in custody since 06-09-2018 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release them on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on 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