Kaleshwari Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7195 of 2015 • Kaleshwari Yadav W/o Faguram Yadav Aged About 50 Years R/o Village Sardha, P.S. Chakarbhata, Civil & Rev. Distt. Bilaspur, Chhattisgarh.

--- Petitioner

Versus

• State of Chhattisgarh Through P.S. Excise Cell Chakarbhata, Distt. Bilaspur, Chhattisgarh.

--- Respondent For the applicant :

Mr. Anil Kumar Chaki, Advocate For the Respondent :

Mr. Arvind Shukla, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 22.12.2015

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 356/2015 registered at P.S. Excise Cell, Chakarbhata, Distt. Bilaspur (C.G) for the offence punishable under Section 34(1)(a) and 59(a) of the Chhattisgarh Excise Act.

2. The prosecution alleges that when a raid/inspection was conducted by the Police, 8.980 bulk litres of illicit liquor was seized from the possession of the applicant.

3. Learned counsel for the applicant submits that the applicant is in jail since 29.11.2015 and the seizure having been made, no further investigation is necessary.

4. Per contra, learned State Counsel opposes the bail application. However, he submits that the concerned SHO has reported that the applicant has no criminal antecedents.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor in this case is

8.980 bulk litres; offence is triable by the JMFC and the applicant is in jail since 29.11.2015 this Court is inclined to release her on bail. Accordingly, this application is allowed.

6. The applicant is directed to be released on bail on her executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. She will appear before the trial Court as and when directed by the said Court.

7. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao