Gurbari Gond v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 4449 of 2018 Gurbari Gond W/o Uttra Gond Aged About 50 Years R/o- VillageChhirchuwan, Police Station- Sarsiwan, District (Revenue And Civil)- Balodabazar-Bhatapara, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through- Police Station- Sarsiwan, District- (Revenue And Civil)- Balodabazar-Bhatapara, Chhattisgarh. ---- Respondent For Applicant :

Mr. Anand Kesharwani, Advocate For Respondent :

Mr. Vinod Tekam, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 03/07/2018 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. 152/2018, registered at Police Station- Sarsiwan, District - Baloda Bazar - Bhatapara (C.G.) for the offence punishable under Section 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 6 bulk liters and she was arrested on 06.06.2018.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and she is in jail since 06.06.2018;

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 liquor is 6 bulk liters; offence is triable by the JMFC and the applicant is in jail since 06.06.2018, 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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram