Smt. Pushpa v. State Of Chhattisgarh

-1NAFR IGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4830 of 2018 • Smt. Pushpa W/o Harihar Sidar Aged About 40 Years R/o Navapara, Police Station Kotra Road, District Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through S.H.O. Kotra Road, District Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh ---- Respondent ____________________________________________________________________ For Applicant :

Mrs. Indira Tripathi, Advocate.

For Non-applicant/State :

Mr. Vinod Tekam, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 16-07-2018

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. 181/2018, registered at Police Station- Kotra Road, District -Raigarh(C.G.) for the offence punishable under Section 34(2) & 59(a) of the Chhattisgarh Excise Act.

2. The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 10 bulk liters and she was arrested on 23.6.2018.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and she is in jail since 23.6.2018; therefore, she may be released on bail.

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

-2offence.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 10 bulk liters; offence is triable by the JMFC and the applicant is in jail since 23.6.2018, 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. It is directed that the applicant shall be released on bail on her 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 Nisha