Smt. Sarita Bai v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2157 of 2021 1.

Smt. Sarita Bai W/o. Late Shri Pritam Singh, Aged About 35 Years, By Caste Rajput, R/o. Village Lambitoli Kunkuri, Thana And Tahsil Kunkuri, District Jashpur (C.G.).

---- Applicant

Versus

1.

The State Of Chhattisgarh, Through Excise Officer, Excise Circle Kunkuri, District Jashpur (C.G.).

---- Non-Applicant For Applicant :

Mr. Sunil Sahu, Advocate.

For Non-Applicant/State :

Mr. Shrikant Kaushik, Panel Lawyer.

Hon'ble Justice Shri Gautam Chourdiya Order on Board 23/03/2021 1) Heard on admission.

2) The application is admitted for hearing.

3) With the consent of the parties, the matter is heard finally. 4) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as she is in jail since 25/02/2021 in connection with Crime No. 133/2021 registered at Police Station Excise Circle Kunkuri, District Jashpur (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act.

5) Allegation against the applicant is that she was found in illegal possession of 9 bulk Ltrs. of country made liquor (Mahuwa) and 340 KG of mahuwa Lahan.

6) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question as she has not committed any offence. He further submits that the applicant has

been arrested on 25/02/2021 and trial is likely to take some time for its disposal. Therefore, the applicant be released on bail by this Court.

7) On the other hand, learned counsel for the respondent/State opposes the bail application. However, he submits that the applicant has no criminal antecedents.

8) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the quantity of illicit liquor, the detention period of the applicant, the age of the applicant is 35 years and the fact that the applicant has no criminal antecedents and there is no apprehension of the applicant tampering with the evidence or absconding as admitted by both the counsel and that conclusion of trial may take some time, the application is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the concerned Trial Court, she shall be released on bail on the following conditions:- i.

she shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, ii.

she shall not act in any manner which will be prejudicial to fair and expeditious trial, and iii.

she shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial, iv.

she shall not involve herself in any offence of similar nature in future.

-Sd/- (Gautam Chourdiya) Judge Chandrakant