Hirabai Diler v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 358 of 2018 • Hirabai Diler W/o Shri Jugru Diler, Aged About 47 Years, R/o Satnamipara, Labhandi, Raipur P. S. Telibandha Raipur Chhattisgarh, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through P.S. Excise Cell Abhanpur, District Raipur Chhattisgarh, Chhattisgarh ---- Non-applicant For Applicant - Ms. Aparna Singh, Advocate.

For Non-applicant/State - Ms. Smita Ghai, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 15-02-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 22-12-2017 in connection with Crime No.130/2017 registered at P.S.- Excise Cell Abhanpur, District Raipur Chhattisgarh for the offence under Section 34(2) of the Excise Act. 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. She is in custody since 22-12-2017. Hence, she may be enlarged on bail.

3.

Learned counsel for the State/non-applicant opposes the application and submission. It is submitted that in total 16.730 bulk liter illicit liquor has been seized from the possession of the applicant. Hence, she is not entitled for grant of bail.

4.

Heard learned counsel for both the parties and perused the case diary. 5.

Considering the submissions made and the contents of the case diary, detention of the applicant till conclusion of the trial would not serve any purpose. Hence, for these reasons the application deserves to be allowed.

-26.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on her furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for her appearance as and when directed. 7.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil