Gunnidhi Sahu v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5054 of 2018 • Gunnidhi Sahu D/o Alagram Sahu, Aged About 42 Years, R/o Village - Kudhari, P.S. Sarangarh Tahsil - Sarangarh, District - Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Thana Incharge - Sarangarh, District - Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh ---- Non-applicant For Applicant - Shri Ankit Singhal, Advocate. For Non-applicant/State - Shri Ashok Swarnkar, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 30-07-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 28-06-2018 in connection with Crime No.391/2018 registered at P.S. Sarangarh, District - Raigarh, Chhattisgarh for the offence under Section 34(2) 59(d) of Excise Act. 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. She is in jail since 28-06-2018. Hence, she may be released on bail.

3.

Learned counsel for the State/non-applicant opposes the application and submission. It is submitted that in total 5.400 bulk liter illicit liquor & 6.5 liter bear has been seized from the possession of the applicant. Also, there is one previous case under the provisions of the IPC registered against the applicant. Hence, she is not entitled for grant of bail. 4.

Heard learned counsel for the parties and perused the case diary. 5.

Considered on the submissions made and the contents of the case diary. Though one previous case under the provisions of the IPC has been

-2reported against the applicant, but no previous case for the similar offence has been reported against the applicant, further, in the present matter, detention of the applicant till conclusion of the trial would not serve any purpose. Hence, for these reasons the application deserves to be allowed. 6.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on her furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for her appearance as and when directed. 7.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil