High Court Of ChhattisgarhMCRC/8207/2018allowed

Chintamani Dadsena & ANR. v. State Of Chhattisgarh

2018-10-31Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8207 of 2018 • Chintamani Dadsena, S/o Govardhan Dadsena, aged about 22 Years R/o Village and Post- Bondanvapali, Thana And Tahsil- Saraipali, DistrictMahasamund, Chhattisgarh. • Goverdhan Dadsena S/o Parasram Dadsena, aged about 58 Years R/o Village and Post- Bondanvapali, Thana And Tahsil- Saraipali, DistrictMahasamund, Chhattisgarh. ---- Applicants

Versus

• State of Chhattisgarh Through Station House Officer, Police StationSaraipali, District- Mahasamund, Chhattisgarh. ---- Respondent __________________________________________________________________ For Applicants : Shri Vikash Pradhan, Advocate.

For Respondent/State : Shri Bhaskar Payashi, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 31/10/2018

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. 364/2018, registered at Police Station - Saraipali, District- Mahasamund, Chhattisgarh, for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.

2. As per the prosecution story, on 01.10.2018, on the basis of information received from an informant, police personnels searched the grocery shop of the Applicants and total 20 bulk litres of countrymade liquor has been seized from joint possession of the Applicants and they have been arrested on 01.10.2018.

3. Learned Counsel appearing on behalf of the Applicants submits that the Applicants are innocent and has been falsely implicated in the

case. He further submits that the Applicants have no criminal antecedent, they are in custody since 01.10.2018 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 antecedent, they are in custody since 01.10.2018 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 Prakash