High Court Of ChhattisgarhMCRC/159/2018allowed

Smt. Radha Munda v. State Of Chhattisgarh

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

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 159 of 2018 • Smt. Radha Munda W/o Bham Raj Munda, Aged About 30 Years R/o Mahendra Karma Ward Jagdalpur District Baster Chhattisgarh, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Incharge Police Station Bodhghat District Bastar Chhattisgarh, Chhattisgarh ---- Respondent ____________________________________________________________________ For Applicant :

Smt. Usha Chandrakar, Advocate.

For Non-applicant/State :

Smt. Smita Ghai, 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. 388/2017, registered at Police Station- Bodhghat, District - Bastar(C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 6 bulk liters and she was arrested on 23.11.2017.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and she is in jail since 23.11.2017; therefore, she may be released on bail.

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

-25. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 6 bulk liters; offence is triable by the JMFC and the applicant is in jail since 23.11.2017, 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. It is directed that the applicant shall be released on bail on her 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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha