High Court Of ChhattisgarhMCRC/7308/2018allowed

Govind Kumar Verma & ANR. v. State Of Chhattisgarh

2018-10-09Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7308 of 2018

1. Govind Kumar Verma S/o Uttam Kumar Verma Aged About 22 Years R/o Village- Bhanpuri, Post- Musra, District- Rajnandgaon, Chhattisgarh.

2. Durgesh Vaishnav S/o Balkrishna Aged About 20 Years R/o VillageBhanpuri, Post- Musra, District- Rajnandgaon, Chhattisgarh. ---- Applicants

Versus

• State Of Chhattisgarh Through The Out-Post Chikhali, Police StationKotwali, District- Rajnandgaon, Chhattisgarh. ---- Respondent __________________________________________________________________ For Applicants : Shri Anjinesh Shukla, Advocate on behalf of Shri S.S. Baghel, Advocate.

For Respondent/State : Shri Vivek Singhal, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 09/10/2018

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. 511/2018, registered at Police Outpost Chikhali Police Station Kotwali, District Rajnandgaon (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. As per the prosecution story, on 16.09.2018, on the basis of information received from an informant, police personnels searched the applicants and total 17 bulk litres of foreign liquor has been seized from the joint possession of the present applicants and they have been arrested on 16-09-2018.

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 have no criminal antecedents, they are in custody since 16-09-2018 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 have no criminal antecedents, they are in custody since 1609-2018 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 applicants shall be released on bail on each of them 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