Chanda Yadav v. State Of Chhattisgarh,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3044 of 2021 Chanda Yadav (Chandra S/o Is Wrongly Mention In Order Sheet Instead Of Chanda W/o) W/o Budhu Ram Yadav, Aged About 35 Years R/o Village - Gerwani, Tahsil And District - Raigarh, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh, Through - Police Station - Office Of Excise Circle Raigarh, District : Raigarh, Chhattisgarh ---Non-applicant For Applicant Shri Sanjay Agrawal, Advocate.

For State Shri Ghanshyam Patel, G.A.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 21/05/2021

1. The matter is heard through Video Conferencing.

2. The matter is listed for order on default.

3. On due consideration, the default is overruled.

4. The applicant has preferred this application under Section 439 of Cr.P.C. as she has been arrested in connection with Crime No.27/2021 registered at Police Station- Office of Excise Circle, Raigarh, C.G. for the offence punishable under Sections 34(1)(A), 34(2) & 59(1)(2) of the C.G. Excise Act (as per FIR).

5. Allegation against the applicant is that she was found in illegal possession of 20 liters of country made liquor.

6. Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, she is languishing in jail since

18.04.2021 and conclusion of trial is likely to take some time. Therefore, applicant be released on bail.

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

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, who is 35 years old and the fact that the applicant has no criminal antecedent and there is no likelihood of the applicant tampering with the evidence or absconding as admitted by both the counsel and 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.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/her 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 or else this order granting bail to the applicant shall automatically stand cancelled without further reference to the Bench.

(v) she shall strictly follow the COVID-19 protocol issued by the Central Government/State Government/Local Authority. Sd/- Gautam Chourdiya (Vacation Judge) Ravi