Sonu Singh And ANR. v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 8601 of 2016

1. Sonu Singh, aged about 28 years, S/o. Shri Ranjeet Singh, R/o. VillageTorwa, Police Station - Ghanapur, Distt. Chandauli (Uttar Pradesh). Presently resided at Jarhabhatha, Netaji Complex, Police Station - Civil Lines, Bilaspur, Tahsil and District - Bilaspur (C.G.)

2. Avnish Singh, aged about 25 years, S/o. Shri Vijay Bahadur Singh, R/o. Vill. - Bhaura, Police Station - Kerakat, Jaunpur (Uttar Pradesh). At present Jarhabhata, Netaji Complex, P.S. Civil Lines, Bilaspur, Tahsil and District - Bilaspur (C.G.) ---- Applicants

Versus

The State of Chhattisgarh, Through : the Station House Officer, Police Station Bilha, District - Bilaspur (C.G.) ---- Respondent For Applicants :

Mr. Malay Kumar Bhaduri, Advocate For Respondent :

Mr. Arvind Shukla, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 11/01/2017 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. 316/2016, registered at Police Station- Bilha, District - Bilaspur (C.G.) for the offence punishable under Section 34 (2) & 59 (A) of the Chhattisgarh Excise Act.

2.

The prosecution alleges that the applicants were found to be in possession of illicit liquor measuring about 13.500 liters and they were arrested on 18.12.2016.

3.

Learned counsel for the applicants submits that the applicants have falsely been implicated in this case and they are in jail since

Page No.2 18.12.2016; 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 SHO, 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 13.500 liters; offence is triable by the JMFC and the applicants are in jail since 18.12.2016, 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.

7.

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.

8.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram