Anjum Begum @ Manju v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 08 of 2019 • Anjum Begum @ Manju W/o Sheikh Rasid, aged about 38 years, R/o Chuchuhiyapara under over Bridge, Ganesh Nagar, P.S. Torwa, DistrictBilaspur, Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through The Station House Officer, District- Bilaspur, Chhattisgarh.

---- Respondent __________________________________________________________________ For Applicant : Shri Dheerendra Pandey, Advocate.

For Respondent/State : Smt. Smita Ghai, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 21/01/2019

1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as she is arrested in connection with crime No. 479/2018, registered at Police Station - Torwa, DistrictBilaspur, (C.G.) for the offence punishable under Section 34 (2) , 59-A of the Chhattisgarh Excise Act.

2. As per the prosecution story, on 02.12.2018, on the basis of information received from an informant, police personnels searched Applicant and total 7.2 bulk litres of country-made liquor has been seized from her possession and she has been arrested on 02.12.2018.

3. Learned counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. He further submits that chage-sheet has been filed, she is in custody since 02.12.2018 and trial will take some time. Therefore, she may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that previously Applicant has total four cases of similar nature, however, out of 4 cases, she has been acquitted from two cases.

5. I have heard learned Counsel for the parties.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the Applicant is in custody since 02.12.2018 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release her on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the Applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the concerned Trial Court for her appearance before the said Court as and when directed. Sd/- (Arvind Singh Chandel) Judge Prakash