Savitri v. State Of Chhattisgarh,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR (Proceedings through Video Conferencing) MCRC No. 4722 of 2021 • Savitri W/o Satrughan, Aged About 47 Years, R/o. Village Dadarkhurd, Out Post Manikpur, Police Station Kotwali Korba, District Korba Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh, Through - Police Station - Excise Circle Korba, District Korba Chhattisgarh.

---- Non-Applicant For Applicant : Shri Mirza Kaisher Beg, Advocate For Non-Applicant/State : Shri Anand Verma, Dy.G.A. Hon'ble Justice Shri Gautam Chourdiya Order on Board 14.07.2021

1) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as she is in jail since 14.05.2021 in connection with Crime No.20/2021 registered at Police Station- Excise Circle Korba, District- Korba (C.G.) for the offence punishable under Section 34 (1) (A) & 34 (2) of C.G. Excise Act.

2) Allegation against the applicant is that she was found in illegal possession of 6 bulk Ltrs. liquor.

3) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question, he further submits that the applicant has no criminal antecedents, there is no likelihood of the applicant tampering with the prosecution evidence or absconding the applicant has been arrested on 14.05.2021 and due to Covid-19 trial is likely to take some time for its final disposal. Therefore, the applicant be released on bail by this Court.

4) On the other hand, learned counsel for the Non-Applicant/State opposes the bail application and submits that the applicant has no

criminal antecedents.

5) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the manner in which the liquor was seized from the applicant, considering the quantity of illicit liquor, the detention period of the applicant, who is 47 years old and the fact that the applicant has no criminal antecedents, there is no likelihood of the applicant tampering with the prosecution evidence or absconding as admitted by both the counsels and due to Covid-19 conclusion of trial may take some time, without commenting anything on merits of the case, the application is allowed.

6) It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with two sureties of Rs. 25,000/- 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 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.

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 offence in future.

Sd/- (Gautam Chourdiya) Judge Nadim