Prashant Masih v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 5918 of 2017 Prashant Masih, S/o. Late Shri Praveen Masih, Aged About 28 Years, R/o. Industrial Area, Housing Board, Bhilai, P.S. -Jamul, District- Durg, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through : The Station House Officer, Police Station Palari, District -Balodabazar Bhatapara, Chhattisgarh. ---- Respondent M.CR.C. No. 6559 of 2017 Abhishek Singh, S/o. Shri Tahsildar Singh, Aged About 20 Years, R/o. LIG-1, 602, Housing Board, Bhilai, Police Station -Jamul, District Durg, Chhattisgarh. ---- Applicant Vs State Of Chhattisgarh, Through : The Station House Officer, Police Station Palari, District Balodabazar- Bhatapara, Chhattisgarh. ---- Respondent For Applicants : Mr. L.C. Dash, Advocates For Respondent/State : Mr. Arvind Shukla, Panel Lawyer Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 07/11/2017 1.

Both the bail applications are heard together and decided by this common order, as they all are arising out of same crime number as

the facts and issues involved are similar in nature. 2.

These are the first bail applications 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.302/2017, registered at Police Station- Palari, District - Balodabazar - Bhatapara (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

3.

It is submitted that the applicants have been falsely implicated in this case, the case has been investigated and charge-sheet has been filed, the applicants are in jail since 31.08.2017, trial of the case is likely to take some time, hence prayed that the applicants may be enlarged on bail.

4.

On the other hand, learned State counsel opposes the prayer for grant of bail. It is submitted that looking to the huge quantity i.e. 117 bulk liters of liquor seized, the applicants are not entitled to be released on bail.

5.

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

6.

Considering the submissions made and the contents of the case diary and the fact that the applicants are in jail since 31.08.2017, no purpose would be served, if the, applicants are kept in detention during the whole period of trial, this Court is inclined to release the applicants on bail.

7.

Accordingly, the bail applications filed under Section 439 of Cr.P.C. are allowed.

8.

It is directed that the applicants shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety each 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 Balram