Smt. Ahilya Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3523 of 2016 • Smt. Ahilya Yadav W/O Sagar Yadav Aged About 40 Years Occupationn House Wife, R/O Village; Mahapalli, Police Station - Chakradhar Nagar, Tahsil And District Raigarh Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Excise Sub Inspector, Circle Raigarh (North) District Raigarh Chhattisgarh. ---- Respondent -------------------------------------------------------------------------------------------------- For Applicant :

Mr. Ashish Gupta, Advocate For Respondent/State :

Mr. Vinod Tekam Panel Lawyer -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 11-07.2016 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 on 24-05-2016 in connection with Crime No. 75 of 2016, registered at Police Station Excise Circle Raigarh (North), District Raigarh (CG) for the offence punishable under Section 34 (1)(A), 34(2), & 59(A) (1, 2) of the Chhattisgarh Excise Act. 2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 5.220 liters and she was arrested on 24-05-2016.

3.

Learned counsel appearing for the applicant submits that the applicant has been falsely implicated in the case and she is in jail since 24-05-2016 and charge-sheet in this case has been filed, therefore, she may be released on bail.

4. On the other hand, 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.

I have heard learned counsel for the parties and have also perused the case diary and the documents.

6.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 5.220 liters, offence is triable by the JMFC, charge-sheet in this case has bee filed and the applicant is in jail since 24-05-2016, this court is inclined to release the applicant on bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and 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 trial Court, for her appearance as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Raju