Smt. Jugari Bai Tandon v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 1782 of 2018 Smt. Jugari Bai Tandon W/o Vishnu Tandon Aged About 38 Years R/o Ward No. 5, Satnamipara, Mujgahan, Police Station Mujgahan, Tahsil And District Raipur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Mujgahan, District Raipur, Chhattisgarh.

---- Respondent For the Applicant :

Shri Pradeep Singh Rathore, Advocate.

For the Respondent/State :

Shri Anant Bajpai, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

19.03.2018 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.24 of 2018, registered at Police Station Mujgahan, District - Raipur, Chhattisgarh 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 5.760 bulk liters and she was arrested on 14.2.2018.

3.

Learned counsel for the applicant submits that the applicant is in jail since 14.2.2018 and the applicant has been falsely implicated in this case; therefore, she may be released on bail.

4.

On the other hand, learned counsel for the State opposes the prayer for grant of bail, however, she would submit that as per the information received from the concerned SHO, the applicant has one previous criminal antecedent under the provisions of Excise Act. 5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 5.760 bulk liters; offence is triable by the JMFC and the applicant is in jail since 14.2.2018, this Court is inclined to release the applicant on bail.

6.

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

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond in the 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 Nimmi