Smt. Namita v. The State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 2406 of 2018 Smt. Namita, Wd/o. Late Shri Bhola Ratre, Aged About 38 Years, R/o. Village Rampur, Thana- Bhakhara, Tahsil- Kurud, District- Dhamtari, Chhattisgarh. ---- Applicant

Versus

The State Of Chhattisgarh, Through- The Station House Officer, Police Station- Bhakhara, Civil and Revenue District- Dhamtari, Chhattisgarh. ---- Respondent For Applicant :

Mr. Sumit Shrivastava, Advocate For Respondent :

Mr. Aaditya Sharma, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 16/04/2018 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. 47/2018, registered at Police Station- Bhakhara, District - Dhamtari (C.G.) 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 15.00 bulk liters and he was arrested on 15.03.2018.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 15.03.2018; therefore, he 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 one case under Section 34 (a) of Excise Act of the year 2012.

5.

In reply, it is submitted by the learned counsel for the applicant that even, if the, case is pending, the applicant was on bail when he was arrested in this case.

6.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 15.00 bulk liters; offence is triable by the JMFC and the applicant is in jail since 15.03.2018, 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 his appearance as and when directed.

Certified as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram