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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 1282 of 2022

1. Omprakash @ Pokash S/o Shri Naindas Saytode Aged About

23 Years R/o Village Sundri (S) Police Station Palari District

Balodabazar (Chhattisgarh)

2. Ugrasen S/o Ghanshyam Navrange Aged About 41 Years R/o

Village Sundri (S) Police Station Palari District Balodabazar

(Chhattisgarh)

---- Applicants

Versus

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State Of Chhattisgarh Through- Police Station Palari, District

Balodabazar (Chhattisgarh)

---- Respondent

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For Applicants

: Shri Dheerendra Pandey, Advocate

For Respondent/State

: Shri Vinod Tekam, Panel Lawyer

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Hon'ble Shri Justice

N.K. Chandravanshi

Order On Board

21.3.2022.

1.

This is first bail application filed under Section 439 of the

Cr.P.C. for grant of regular bail to the applicants, who have been

arrested on 02.02.2022 in connection with Crime No.58/2022

registered at Police Station Palari, Distt. Baloda Bazar (C.G.), for

the offence punishable under Sections 34(2) & 36 of the

Chhattisgarh Excise Act.

2.

Prosecution story, in brief, is that on 01.02.2022 Police of

Police Station Palari Distt. Baloda Bazar seized 178.200 bulk liters

of foreign liquor from illegal possession of 04 accused persons, out

of which, 79.020 bulk liters has been seized from applicant No.1

Omprakash @ Pokash and 45 bulk liters has been seized from

applicant No.2 Ugrasen .

3.

Learned counsel for the applicants submits that the

applicants are innocent and they have been falsely implicated in this

case. He further submits that false seizure memo has been made

in this case and the applicants are in custody since 02.02.2022,

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charge sheet has already been filed, hence, the applicants may be

released on bail.

4.

On the other hand, learned counsel for the State while

opposing the bail application submits that as per the case diary,

there are five criminal antecedents reported against applicant No.1

Omprakash, out of which, two cases are under the Excise Act and

two cases are under IPC; two criminal antecedents are also

reported against applicant No.2, out of which, one is under the

Excise Act and another is under the IPC.

5.

Considered the submission of learned counsel for the parties,

perused the case diary and the material available on record.

6.

Considering the entirety of the case, nature and gravity of

offence, quantity of liquor seized from the applicants and their

detention period and also considering that charge sheet has already

been filed, I feel inclined to grant bail to the applicants. Therefore,

the application under Section 439 of the CrPC is allowed. It is

directed that in the event of each of the applicant executing a

personal bond for a sum of Rs.50,000/- with two sureties of the like

sum to the satisfaction of the concerned trial Court for their

appearance before the concerned Court as and when directed by

the said court, they be released on bail.

Certified copy as per rules.

Sd/-

(N.K. Chandravanshi)

JUDGE

Bini