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High Court Of ChhattisgarhMCRC/2548/2020allowed

Smt. Ahilya Sinha v. The State Of Chhattisgarh

2020-05-12Hon'Ble Shri Justice Gautam Chourdiya2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2548 of 2020 • Smt. Ahilya Sinha W/o Shri Narad Si nha, aged about 35 years, R/o Village- Devi Nawagaon, Police Outpost- Halba, P.S. & Tahsil- Narharpur, Civil & Revenue Distt.- North Baster Kanker (C.G.).

---- Applicant (in Jail)

Versus

• State Of Chattisgarh Through: the Station House Officer Police Station- Narharpur, Police outpost- Halba, Distt.- North Bastar Kanker (C.G.).

---- Respondent For Applicant :

Shri Sunil Sahu, Advocate.

For Respondent/State :

Shri Ghanshyam Patel, G.A.

Hon'ble Shri Gautam Chourdiya, J Order in Chamber 12/05/2020 1.

The applicant has preferred this application under Section 439 of Cr.P.C. as she is in jail since 02.05.2020 in connection with Crime No. 57/2020 registered in Police Station- Narharpur, Police outpost- Halba, Distt.- North Baster Kanker (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act. 2.

Allegation against the applicant is that he was found in illegal possession of 07.00 bulk liter of country made liquor. 3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, he is languishing in jail since 02.05.2020, and conclusion of trial is likely to take some time. 4.

On the other hand, learned counsel for the State opposes the

bail application.

5.

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 and the fact that conclusion of trial may take some time, the application is allowed. It is directed that in the event of applicant executing a personal bond for a sum of Rs.25,000/- with two sureties for the like amount to the satisfaction of the concerned Trial Court, she shall be released on bail. She is directed to appear before the trial Court on each and every date given to her by the said Court, till disposal of the trial. 6.

It is made clear that the applicant shall not involve herself in any offence of similar nature in future or else this order granting bail to the applicant shall automatically stand cancelled without further reference to the Bench.

Sd/- (Gautam Chourdiya) Judge amita