Kirti Sahu v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 791 of 2017 Kirti Sahu, W/o. Late Lalaram Sahu, Aged About 50 Years, R/o. Village Bhansoj, Police Station- Arang, District Raipur Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through Station House Officer, Police Station --Arang, District Raipur Chhattisgarh.

---- Respondent For Applicant :

Mr. Pradeep Singh Rajput, Advocate For Respondent :

Ms. Sunita Jain, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice P. Sam Koshy Order On Board 23/02/2017 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.12/2017, registered at Police Station- Arang, District - Raipur (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act. 2.

As per prosecution case, the applicant was found to be in possession of illicit liquor measuring about 16.200 bulk liters and she was arrested on 11.01.2017.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and she is in jail since 11.01.2017; therefore, she may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail, however, she would submit that as per the information received from the concerned SHO, the applicant has no previous antecedents of similar

Page No.2 offence.

5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 16.200 bulk liters; offence is triable by the JMFC and the applicant is in jail since 11.01.2017, this Court is inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7.

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 copy as per rules.

Sd/- (P. Sam Koshy) Judge Balram