Joga Ram Mandavi & ORS. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8599 of 2018
1. Joga Ram Mandavi S/o Bonja, aged about 37 Years, By Caste- Gond, R/oVillage Kikirpal, P.S. Puspal, Tahsil Chhindgarh, District- Sukma, Chhattisgarh.
2. Peelu Ram Kunjam S/o Budhara, aged about 35 Years, By Caste- Gond, R/o- Village Kikirpal, P.S. Puspal, Tahsil Chhindgarh, District- Sukma, Chhattisgarh.
3. Deva Ram Markam S/o Lathi, aged about 48 Years, By Caste- Gond, R/oVillage Kikirpal, P.S. Puspal, Tahsil Chhindgarh, District- Sukma, Chhattisgarh.
4. Chamaru Ram Mandavi S/o Kosa, aged about 42 Years By Caste- Gond, R/o- Village Kikirpal, P.S. Puspal, Tahsil Chhindgarh, District- Sukma, Chhattisgarh.
5. Kosa Ram Kunjam S/o Budhara Aged About 25 Years By Caste- Gond, R/oVillage Kikirpal, P.S. Puspal, Tahsil Chhindgarh, District- Sukma, Chhattisgarh.
6. Lakshamu Beko S/o Hunga Veko, aged about 40 Years, By Caste- Gond, R/o- Village Kikirpal, P.S. Puspal, Tahsil Chhindgarh, District- Sukma, Chhattisgarh.
---- Applicants
Versus
• State of Chhattisgarh Through- The Station House Officer, Police Station Puspal, District- Sukma, Chhattisgarh.
---- Respondent __________________________________________________________________ For Applicant :
Shri Praveen Dhurandhar, Advocate.
For Respondent/State :
Smt. Smita Ghai, P.L.
Hon'ble Shri Justice Arvind Singh Chandel Order On Board 16/11/2018
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. 06/2018, registered at Police Station -
Puspal, District - Sukma, (C.G.), for the offence punishable under Sections 147, 149, 341, 294, 186, 323, 332, 324, 353, 506, 201 of the Indian Penal Code and Section 34 (2) of the Chhattisgarh Excise Act.
2. As per the prosecution story, on 28.05.2018, on the basis of information received from an informant, police personnel raided the house of the Applicant No. 05 namely Kosa Ram Kunjam and total 7.200 bulk litres of foreign-made liquor has been seized from his possession. It is further alleged that at that time Applicant No. 05 Kosa Ram and other co-accused persons abused the police officials. They forcibly obstructed the police officials and destroyed some of the contraband. Subsequently, offence has been registered against all the accused/Applicants. They have been taken on custody on 11.10.2018.
3. Learned Counsel appearing on behalf of the Applicants submits that the Applicants are innocent and have been falsely implicated in the case due to some dispute. They are in custody since 11.10.2018, charge-sheet has already been filed 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 and perused the case diary.
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
11.10.2018 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