High Court Of ChhattisgarhMCRC/5813/2019allowed

Tulsidas & ANR. v. State Of Chhattisgarh

2019-09-09Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5813 of 2019

1. Tulsidas, S/o Puniram Aged About 32 Years R/o Village Limauguda, Thana And Tahsil Saraipali, District Mahasamund Chhattisgarh.

2. Chandramadi Chouhan, S/o Teganu Chouhan, Aged About 45 Years, R/o Village-Limauguda, Thana & Tahsil Saraipali, District-Mahasamund Chhattisgarh.

---- Applicants

Versus

1. State Of Chhattisgarh Through Station House Officer, Police Station Saraipali, District Mahasamund Chhattisgarh.

---- Respondent ____________________________________________________________________ For Applicant :

Mr. S.S. Baghel on behalf of Mr. Vikash Pradhan, Advocate.

For Non-applicant/State :

Mr. C.B. Kesharwani, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 09-09-2019

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No. 263/2019, registered at Police Station- Saraipali, Disrict-Mahasamund(C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act.

2. The prosecution alleges that the applicants was found to be in possession of illicit liquor measuring about 20 bulk liters and they were arrested on 05.08.2019.

3. Learned counsel for the applicants submits that the applicants have falsely been implicated in this case and they are in jail since 05.08.2019; therefore, they may be released on bail.

4. Learned State counsel opposes the prayer for grant of bail, however, he would submit that as per the information received from the concerned

-2SHO, 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 20 bulk liters; offence is triable by the JMFC and the applicants are in jail since 05.08.2019, this Court is inclined to release the applicants on bail.

6. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicants shall be released on bail on their furnishing a personal bond for a 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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha