High Court Of ChhattisgarhMCRC/3109/2018allowed

Sumira Vanshkar v. State Of Chhattisgarh

2018-05-08Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3109 of 2018 • Sumira Vanshkar W/o Shukla Vanshkar Aged About 32 Years SakinBasod Muhalla, Bandhwapara Thana- Sarkanda, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Sarkanda Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh. ---- Respondent For Applicant :

Mr. Krishna Kumar Khatri, Advocate.

For Respondent :

Ms. Smita Ghai, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 08.05.2018

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. 240/2018, registered at Police Station- Sarkanda, District- Bilaspur, (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act.

2. The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 5.04 bulk liters and she was arrested on 14.04.2018.

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3. Learned counsel for the applicant submits, that the applicant has falsely been implicated in this case and she is in jail since 14.04.2018. therefore, she may be released on bail.

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

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized illicit liquor is 5.04 bulk liters; offence is triable by the JMFC and the applicant is in jail since 14.04.2018, 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.

Sd /- (Rajendra Chandra Singh Samant) Judge Jamal