Sanat Paradhi And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5667 of 2017

1. Sanat Paradhi S/o Late Mohan Paradhi, Aged About 41 Years R/o Village Lavar, Police Station Simga, District Baloda Bazar Bhatapara Chhattisgarh

2. Raju Paradhi, S/o Late Pratap Paradhi, Aged About 50 Years R/o Village Lavar Police Station Simga, District Baloda Bazar Bhatapara Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through Station House Officer Police Station Simga, District Baloda Bazar Bhatapara Chhattisgarh ---- Respondent For the Applicants :

Shri Amiyakant Tiwari, Advocate.

For the Respondent/State :

Shri Anil S. Pandey, Government Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

03.10.2017 1.

Heard on application under Section 439 of the Code of Criminal Procedure.

2.

Learned counsel for the applicants submits that the applicants have been arrested in connection with Crime No. 240 of 2017 registered at Police Station - Simga, District Baloda Bazar, Bhatapara, Chhattigarh for the offence punishable under Section 34(2) of the C.G. Excise Act, 1920. He further submits that the applicants are in jail since 19.8.2017 and have been falsely implicated. Hence, it is prayed that they may be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.

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

As per the case diary, on 19.8.2017, 7.380 bulk liters of country-made liquor was seized from the possession of the applicants and on the basis of which, they have been arrested and detained.

6.

Considering the facts and circumstances of the case and the facts that there is no previous criminal history of the applicants, the applicants are residents of the locality of District Baloda Bazar, Bhatapara, this appears to be a fit case in which the applicants are entitled to be enlarged on bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

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 trial Court, for their appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi