Kirti Bai v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3324 of 2016 Kirti Bai, W/o. Madhav, Aged About 45 Years, R/o. Village Koylari, P.S. Lalpur, Tahsil Lormi, District Mungeli, Chhattisgarh. ---- Applicant
Versus
State Of Chhattisgarh, Through Excise Circle Lormi, District Mungeli, Chhattisgarh.
---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :
Mr. Ravish Verma, Advocate For Respondent :
Mr. Vivek Singhal, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 05/07/2016 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.62/2016 registered at Police Station- Lormi, District Mungeli (C.G.) for the offence punishable under Section 34(1)A, 34(2), 59(A) of C.G. Excise Act. 2.
The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 15 bulk liters and she was arrested on 13.05.2016.
3.
Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and she is in jail since 13.05.2016; 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 15 bulk liters, offence is triable by the JMFC and the applicant is in jail since 13.05.2016, 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. Sd/- (Goutam Bhaduri) Judge Ashok