ORDER
Sunil Kumar Sinha, J.
1. Heard.
2. These are the three bail applications filed 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. 456/2005, registered at Police Station – Bhilai Nagar, District -Durg (C.G.) for the offence punishable under Section 34A of the Excise Act.
3. The case of the prosecution is that in the intervening night of 15-16/12/2005, these applicants we e travelling in a Quails vehicle bearing No. CG-07-4321. The vehicle was stopped and it was searched by the persons of the Police Department and it was found that 25.92 bulk litres of foreign liquor was there in the vehicle. Since the vehicle was driven by the applicant – Sanjiv Semual, the seizure memo was made on the name of the applicant – Sanjiv Semual.
4. Learned counsel for the applicants submit that the applicants have been falsely implicated in this case. They further submit that in fact, those were the days of Corporation Election in Bhjlai and on account of political rivalry, a false case has been made against the applicants at the instance of the opposite party. They pray for releasing the applicants on bail.
5. On the last date of hearing, this Court had directed for calling a report about the criminal antecedents of the applicants in each case.
6. Learned counsel for the State submits that the report has been received from the Police Station – Bhilainagar, and it is reported that there are no criminal antecedents of the applicants in the said Police Station. However, he opposes the bail application.
7. Considering the facts and circumstances of this case, particularly considering the nature of allegations raised against the applicants and also considering the nature of evidence collected against them and further considering that there are no criminal antecedents of the applicants, I am of the opinion that present are fit cases in which the applicants should be enlarged on bail. Their applications filed under Section 439 of the Code of Criminal Procedure are allowed.
8. Let the applicants – Sanjiv Semual, Vivek Kumar Samuel. Jay Adhikari and Sanjay Tiwari 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 off the trial Court for their appearance before the said Court on each date of hearing till the disposal of the trial.
9. Certified copy as per rules.
