Uttara Bai Nishad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.3040 of 2019 Uttara Bai Nishad, W/o Gautariha Nishad, aged about 30 years, R/o Ward No.12, Limtara, P.S. & Tahsil Simga, District Balodabazar Bhatapara (CG). ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Simga, District Balodabazar Bhatapara (CG). ---- Non-applicant For Applicant : Mr. Ashutosh Mishra, Advocate.

For Non-applicant : Mr. S.R.J. Jaiswal, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 03.05.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and her no bail application is pending before any other Court.

2.

The applicant has been arrested in connection with Crime No.111/2019 registered in Police Station Simga, District Balodabazar Bhatapara for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3.

Prosecution story in brief is that on 13.04.2019, 6.660 bulk liters country made liquor has been seized from the applicant. 4.

Counsel for the applicant argued that the applicant is innocent and has been falsely implicated in the present case hence he may be released on bail. 5.

On the other hand, counsel for the State opposed the bail application. He further submits that previously two other criminal cases under Excise Act have already been registered against the applicant. 6.

Looking to the above facts and circumstances of the case, the bail application is allowed. It is ordered that if the applicant furnishes two solvent sureties each for a sum of Rs.25,000/- along with one personal bond of Rs.50,000/- to the satisfaction of the concerned Trial Court with the condition that will not involve himself in any of the crime in future, he be released on bail. 7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) L/- JUDGE