Ghasiram & ANR. v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6134 of 2019

1. Ghasiram S/o Ram Jila, Aged About 56 Years, R/o Dam Chowk, Storepara Purena, Police Station G.R.P. Bhilai-3, District Durg Chhattisgarh., District : Durg, Chhattisgarh

2. Sujeet Sona S/o Videshi Ram Sona, Aged About 25 Years, R/o Tiranga Chowk, Store Para, Police Station G.R.P. Bhilai-3, District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Applicants

Versus

• State of Chhattisgarh through District Magistrate, Durg District Durg Chhattisgarh., District : Durg, Chhattisgarh ----Non-applicant For Applicants - Shri Purnendra Khichariya, Advocate. For Non-applicant/State - Shri C.B. Kesharwani, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 24-09-2019 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicants for grant of regular bail. The applicants have been arrested on 29-08-2019 in connection with Crime No.369/19 registered at P.S. - Bhilai-3, District Durg, Chhattisgarh for the offence under Section 34(2) of C.G. Excise Act. 2.

It is submitted on behalf of the applicants that the applicants have been falsely implicated in this case. They are in jail since 29-08-2019. Hence, it is prayed that the applicants may be granted regular bail. 3.

Learned counsel for the State/non-applicant opposes the application and submission. It is submitted that in total 6.480 bulk liter illicit liquor has been seized from the possession of the applicants. Hence, they are not entitled for grant of bail.

4.

Heard learned counsel for both the parties and perused the case diary. 5.

Considering on the submissions made and the contents of the case

-2diary, detention of the applicants till conclusion of the trial would not serve any purpose. Hence, for these reasons, I am of the view that the application deserves to be allowed.

6.

Consequently, this application filed by the applicants under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. 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 Court, for their appearance as and when directed. 7.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil