MCRC/10332/2021 of BASANT KUMAR VISHWAS Vs STATE OF CHHATTISGARH on 30 December 2021

1. Basant Kumar Vishwas Son Of Varun Aged About 42 YearsResident Of Village Jogidipa, P.S. Patewa, District MahasamundChhattisgarh. Resident Of Village Jogidipa, P.S. Patewa, District MahasamundChhattisgarh.

2. Mukesh Koshaley Son Of Pawan Koshaley Aged About 24 YearsVillage - Bamburdih, P.S. Patewa, District MahasamundChhattisgarh. Village - Bamburdih, P.S. Patewa, District MahasamundChhattisgarh.

---- Applicants

Versus

State Of Chhattisgarh Through - Station House Officer, Police Station Patewa, District-Mahasamund Chhattisgarh.

---- Respondent

For the Applicants:For the State:

Shri Sourabh Kumar Sahu, AdvocateShri D.C. Verma, Govt. Advocate

----------------------------------------------------------------------------------------------- Hon'ble Shri Justice N.K. Chandravanshi 30/12/2021

Order On Board

1. Heard.

2. This is first bail application filed under Section 439 of Cr.P.C. forgrant of regular bail to the applicants who have been arrested inconnection with Crime No. 339/2021, registered at Police StationPatewa, District Mahasamund (C.G.), for the offence punishableunder Section 34 (2) of C.G. Excise Act. grant of regular bail to the applicants who have been arrested inconnection with Crime No. 339/2021, registered at Police StationPatewa, District Mahasamund (C.G.), for the offence punishableunder Section 34 (2) of C.G. Excise Act.

3. Prosecution story in brief is that on 22/12/2021, 26.100 bulk literof country made and foreign liquor has been seized from theillegal possession of applicants.of country made and foreign liquor has been seized from theillegal possession of applicants.

Kamde

4. Counsel for the applicants submits that the applicants areinnocent and falsely implicated in this case, they are in jail since22/12/2021, therefore, applicants be released on bail.innocent and falsely implicated in this case, they are in jail since22/12/2021, therefore, applicants be released on bail.

5. On the other hand, the State counsel opposes the bailapplication. He submits that the alleged liquor has been seizedfrom joint possession of the applicants. He further submits thatcharge-sheet has not been filed, therefore, they may not begranted bail. application. He submits that the alleged liquor has been seizedfrom joint possession of the applicants. He further submits thatcharge-sheet has not been filed, therefore, they may not begranted bail.

6. Considered the submissions made by both the counsel.

7. Considering the facts and circumstances of the case, quantity ofliquor seized from the joint possession of the applicants, they arein custody since 22/12/2021, also taking into consideration thatapplicants are resident of District – Mahasamund (C.G.) as statedby counsel for the applicants, I feel inclined to allow the bailapplication. It is directed that if each of the applicants furnishesone solvent surety for a sum of Rs.25,000/- along with onepersonal bond in the like sum to the satisfaction of the trial Courtconcerned for their appearance before the concerned Court asand when directed by the said Court, they be released on bail.

CC as per rules.

Sd/-(N.K. Chandravanshi)VACATIONJUDGE