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High Court Of ChhattisgarhMCRC/168/2019disposed off

Ganesh Singh Meravi And ANR. v. The State Of Chhattisgarh

2019-01-28Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 168 of 2019

1. Ganesh Singh Meravi S/o Jagdish Singh Meravi Aged About 22 Years R/o Village Khalbahra, Ps. Jaithari District- Anuppur, Madhya Pradesh., District : Anuppur, Madhya Pradesh

2. Manvendra Gautam S/o Late Shri Dipendra Gautam Aged About 53 Years R/o Purani Basti, Rawanbhatha, Supela, Ps. Supela Bhilai, District- Durg, Chhattisgarh.

---- Applicants

Versus

The State Of Chhattisgarh Through The Ps. Salhewara, DistrictRajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh. ---- Respondent For the Applicants :

Shri Abhijit Sarkar, Advocate For the State :

Shri Arvind Shukla, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /01/2019 1.

This is the second bail application under Section 439 of the CrPC. Earlier bail application of applicants was rejected on 01/11/2018 in MCRC No. 8466/2018 considering prima facie case.

2.

Perused the case diary. The applicants have been arrested in connection with Crime No.41/2018 registered in Police Station Salhewara, District Rajnandgaon (C.G.) for the offence punishable under Section 34(2) of CG Excise Act.

3.

Case of the prosecution, in brief is that on 20/09/2018, 945 bulk liters of foreign liquor has been seized from the possession of the applicants. 4.

Counsel for the applicants submitted that applicants are in jail since long back. One co-accused Harjeet Singh has granted anticipatory bail by coordinate bench, thus they may be released on bail. 5.

Counsel for the State opposes the prayer for grant of bail. He further submits that no criminal antecedent is reported against the applicants in police case diary.

6.

There is no seizure from co-accused Harjeet Singh, thus the case of applicants are totally different from the case of co-accused Harjeet Singh. 7.

There is no change in circumstances which may entitle applicants to release on bail in second round. Accordingly, bail application is rejected. Sd/- (Sharad Kumar Gupta) Judge Kamde