← Library
High Court Of ChhattisgarhMCRC/8018/2017allowed

Bhuri Bai Tandan v. State Of Chhattisgarh

2018-02-15Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 8018 of 2017 Bhuri Bai Tandan, W/o. Heturam Tandan, Aged About 36 Years, R/o. Village Salaunikala, Police Station : Bilaigarh, District Baloda Bazaar- Bhatapara Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through : Outpost Bhatgaon, Police Station- Bilaigarh, District -Baloda Bazaar -Bhatapara, Chhattisgarh. ---- Respondent For Applicant :

Mr. Amiyakant Tiwari, Advocate For Respondent :

Mr. Anant Bajpai, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 15/02/2018 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 415/2017, registered at Police Station- Bilaigarh, District - Baloda Bazaar-Bhatapara (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act and Section 420 of I.P.C..

2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 7.500 bulk liters and she was arrested on 29.11.2017.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and she is in jail since 29.11.2017;

therefore, she may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail, however, he would submit that as per the information received from the concerned SHO, the applicant has no previous antecedents of similar offence.

5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 7.500 bulk liters; offence is triable by the JMFC and the applicant is in jail since 29.11.2017, this Court is inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for her appearance as and when directed.

8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram