Rathbai Khande v. State Of Chhattisgarh

M.Cr.C. No. 3188 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR (Proceedings through Video Conferencing) M.Cr.C. No. 3188 of 2021 • Rathbai Khande, wife of Sukhnandan Khande, aged about 37 years, Resident of village Lavsara, Police Station - Baradwar, District Janjgir Champa (C.G.) ---- Applicant

Versus

• State of Chhattisgarh, Through : Station House Officer, Police Station Excise Circle Baradwar, District Janjgir-Champa (C.G.) ---- State/Non-Applicant For Applicant :

Shri Yougeshwar Sharma, Advocate For Non-Applicant/State :

Dr.(Ms.) Veena Nair, Deputy Advocate General Hon'ble Shri Justice Gautam Chourdiya, J Order on Board 29.06.2021

1. Heard on admission.

2. Admit.

3. With the consent of learned counsel for the parties, the matter is heard finally.

4. The applicant has preferred this first bail application under Section 439 of Cr.P.C. as she is in jail since 16.04.2021 in connection with Crime No. 07/2021 registered in Police Station- Excise Circle Baradwar, District JanjgirChampa (CG) for the offence punishable under Sections 34 (1) (a), 34 (2) & 59 (a) of the CG Excise Act.

5. Allegation against the present applicant is that she was found in illegal possession of 25.00 bulk liters of hand made mahuwa liquor.

6. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question, she has no criminal antecedents, there is no likelihood of the applicant tampering with the prosecution evidence or absconding, she is in jail since 16.04.2021 and trial is likely to take some time for its final disposal. Therefore, the applicant be released on bail by this

M.Cr.C. No. 3188 of 2021 Court.

7. On the other hand, learned counsel for the Non-Applicant/State opposes the bail application and submits that the case diary is not available with her.

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 37 years old, the fact that the applicant has no criminal antecedents as admitted by counsel for the applicant, there is no likelihood of the applicant tampering with the prosecution evidence or absconding and due to covid-19 pandemic, conclusion of trial may take some time, without commenting anything on merits of the case, the application is allowed.

9. 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 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 strictly follow the COVID-19 protocol issued by the Central Government / State Government / Local Authority. v.

she shall not involve herself in any offence of similar nature in future.

10.Let a copy of this order be forwarded to the concerned Police Station forthwith who shall inform the trial Court in the event of applicant involving herself in similar nature of offence.

Sd/- (Gautam Chourdiya) Judge vatti