Subhas Masih v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 251 of 2019

1. Subhas Masih S/o Suleman Masih Aged About 26 Years,

2. Simon Masih S/o Abhimile Masih Aged About 25 Years, Both are R/o Village Vishrampur ,police Station Simga ,civil And Revenue District Baloda Bazar Bhatapara Chhattisgarh. ---- Applicants

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Simga ,in The Renenue And Civil District Baloda Bazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh. ---- Respondent For the Applicants :

Shri S.P. Sahu, Advocate For the State :

Ms. Sangeeta Mishra, Govt. Advocate ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /01/2019 1.

This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court. 2.

The applicants have been arrested in connection with Crime No.227/2018 registered in Police Station Simga, District Baloda Bazar-Bhatapara (C.G.) for the offence punishable under Section 34(2) of CG Excise Act. 3.

Argument heard.

4.

Case of the prosecution, in brief is that on 24/07/2018, 7.200 bulk liters of country liquor has been seized from the possession of the applicants. 5.

Counsel for the State submits that two other criminal case have been registered against the applicant No. 1 Subhas Masih out of which one under Excise Act and another under IPC. No criminal antecedent is registered against the applicant No. 2 Simon Masih.

6.

Looking to the above facts and circumstances of the case, the application is allowed. It is ordered that if the applicant No. 1 Subhas Masih furnishes two solvent sureties for a sum of Rs. 25,000/- each along with one personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned with the condition that he will not involve himself in any of the crime in future, he shall be released on bail. It is further ordered that if the applicant No. 2 Simon Masih furnishes one solvent surety for a sum of Rs. 25,000/- along with one

personal bond of Rs. 25,000/- to the satisfaction of the trial Court concerned, he be released on bail.

7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde