Chattisgarh High Court
Khemchand Bhaskar vs State Of Chhattisgarh on 24 June, 2022
Author: Nk. Chandravanshi
Bench: Nk. Chandravanshi
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
M.Cr.C. No.5570 of 2022
1.Khemchand Bhaskar S/o Shri Tarandas Bhaskar Aged About 24 Years R/o Village Barampur P.S. Lalpur Distt. Mungeli, Chhattisgarh
2. Surendra Anand S/o Shri Bhagwan Das Aged About 22 Years R/o Village Gailugaon Chowki Chilfi P.S. Lormi Disst. Mungeli, Chhattisgarh
-----Applicants Versus State Of Chhattisgarh Through - Sho - Lalpur Distt. Mungeli, Chhattisgarh
----Non-Applicant For Applicants: Shri Dheerendra Pandey, Advocate. For Non-Applicant/State: Smt Smriti Shrivastava, PL.
Hon'ble Shri Justice NK. Chandravanshi Order on Board 24.06.2022
1. Heard on admission.
2. Admit.
3. This is the 1st bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the Applicants, who have been arrested in connection with Crime No.168/2022 registered at Police Station Lalpur, District Mungeli (CG) for the offence punishable under Sections 34(2) & 59(A) of the CG Excise Act.
4. Allegation against the present Applicants is that they were carrying 12.600 bulk liters of country made liquor in motorcycle for which, they were not having any legal document, hence the same was seized from Applicant No.1- Khemchand Bhaskar and the motorcycle and mobile phone was seized from Applicant No.2-Surendra Anand.
5. Learned counsel for the Applicants submits that the Applicants are innocent and have been falsely implicated in the crime in question for which, they are in custody since 07.06.2022. He further submits that the quantity of alleged liquor seized from the possession of Applicant No.1-Khemchand Bhaskar is not on higher side, conclusion of trial is likely to take some time, therefore they may be released on bail by this Court.
6. On the other hand, learned counsel for the Non-Applicant/State opposed the bail application and submits that there are no previous criminal antecedents against the present Applicants of similar offence.
7. Having heard learned counsel for the parties, having considered the case diary and the entirety of the case, considering the quantity of liquor seized from the possession of Applicant No.1-Khemchand Bhaskar, the nature and gravity of the offence and particularly considering that no previous criminal antecedents of similar offence have been registered against the present Applicants, without further commenting anything on merits, I am inclined to allow the application.
8. Accordingly, the application is allowed and it is directed that on Applicants' furnishing a personal bond for a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned Court, they shall be released on bail. They shall however, make their appearance before the concerned Court as and when so directed.
Sd/-
(NK Chandravanshi) Judge Priya