Jageshwar Sahu And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6362 of 2016

1. Jageshwar Sahu S/O Ramkumar Sahu Aged About 25 Years R/O Village Pathariya, Police Station Bori, District Durg, Chhattisgarh.

2. Santosh Sahu S/O Ramnath Sahu Aged About 22 Years R/O Village Pathariya, Police Station Bori, District Durg, Chhattisgarh. ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Pulgaon, District Durg, Chhattisgarh.

---- Respondent ------------------------------------------------------------------------------------------------------------- For Applicants :

Mr. N.S. Dhurandhar, Advocate For Respondent/State :

Mr. Sunita Jain, Panel Lawyer ------------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 19-10-2016 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 on 14-7-2016 in connection with Crime No. 334 of 2016, registered at Police Station Pulgaon, District Durg, (CG) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2.

As per prosecution case, when a raid was conducted by the police party, the applicants were found in possession of illicit liquor measuring about 34.200 bulk liters, the same was seized from them and thereby the aforesaid offence was committed.

3.

Learned counsel appearing for the applicants would submit that the applicants have been falsely implicated in the case, they in jail since 14-72016, charge-sheet in this case has been filed and no further investigation is required, therefore, they may be released on bail. 4.

On the other hand, learned State counsel 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.

I have heard learned counsel for the parties and have also perused the case diary and the documents.

6.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 34.200 liters, offence is triable by the JMFC, charge-sheet in this case has bee filed and the applicants are in jail since 14-7-2016, this court is inclined to release the applicants on bail. 7.

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

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Raju