ORDER
Sunil Kumar Sinha, J.
1. Heard.
2. These are the three bail applications tiled under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants, who have been arrested in connection with Crime No. 1669/2005, registered at Police Station – Khursipar Chowki (Chhawni Police Station), Bhilai, District – Durg (C.G.) for the offence punishable under Sections 294, 506(B), 323, 324 & 427 of 1PC, Sections 25 & 27 of the Arms Act and Section 34 (1)(a),(2) of the Excise Act.
3. The case of the prosecution is that these applicants went to the house of the complainant namely Satosh Prajapati on 22.12.2005 at about 9.00 p.m., abused and threatened him and also damaged the vehicle of the complainant. It is also the case of the prosecution that during the course of apprehension of the applicants by police liquor in the quantity of 25.920 and 25.920 bulk litres was seized from two different vehicles on which the applicants were travelling.
4. Learned counsel for the applicants submit that the applicants have been falsely implicated in this case. They also submit that there is no mention of liquor in the F.I.R. lodged by the complainant. They further submit that the applicants are in jail since 22.12.2005 & 37.12.2005. One more submission made on behalf of applicant- Vikas Pradhan @ Sittu is that he is a student of B. Com. and his examinations are to begun from 11th March, 2006. They pray “or releasing the applicants on bail.
5. On the other hand , learned counsel for the State opposes the bail applications. The submission of learned Counsel for the State is that so far as Vikas Pradhan @ Sittu is concerned, there are as many as 7 cases registered against him. His further submission is that these cases are not under the Excise Act and most of the cases are under the bailable offences of I.P.C. and Gambling case etc.
6. Considering the facts and circumstances of the case, particularly considering the nature of allegations, also considering the contents of the F.I.R. and further considering that all the offences under the I.P.C. are bailable offence, I am of the opinion that present are the fit case in which the applicants should be enlarged or bail. Their applications filed under Section -139 of Cr.P.C. are allowed.
7. Let the applicants be released on bail on each of them furnishing a personal bond in sum of Rs.10,000/- with one surety each in like amount to the satisfaction of the trial Court for their appearance before the said Court on each date of hearing till the disposal of the trial.
8. In the result, M.Cr.C. No. 648/2006, M.Cr.C. No. 815/2006 and M.Cr.C. No. 816/2006 are allowed.
9. Certified copy as per rules.