Smt. Phulkunwar v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 2404 of 2020 Smt. Phulkunwar, W/o. Shri Raja Ram, Aged About 45 Years, R/o. Village Tendua, Police Station Patna, District Koriya, Chhattisgarh. ---- Applicant
Versus
State Of Chhattisgarh, Through : Station House Officer, Police Station Patna, District Koriya, Chhattisgarh.
---- Respondent For Applicant :
Mr. Anil Gulati, Advocate For Respondent :
Mr. Ghanshyam Patel, G.A.
------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 06/05/2020 1.
The default as pointed out by the Registry is waived. 2.
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.81/2020, registered at Police Station- Patna, District - Koriya (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act. 3.
The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 8 liters and she was arrested on 19.04.2020.
4.
Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and she is in jail since 19.04.2020;
therefore, she may be released on bail.
5.
Learned State counsel opposes the application for grant of bail and the submission made in this respect.
6.
Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 8 liters; offence is triable by the JMFC and the applicant is in jail since 19.04.2020, this Court is inclined to release the applicant on bail.
7.
Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.
8.
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.
Certified as per rules.
(Rajendra Chandra Singh Samant) Judge Balram