Smt. Mangali Bai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5982 of 2015 Smt. Mangali Bai, wife of Late Panch Bhavan, Aged about 50 Years, R/o Village Pandripani, P.S. Katghora, Distt. Korba, Chhattisgarh.

---- Petitioner

Versus

State of Chhattisgarh, through Excise Circle, Korba, Distt. Korba, Chhattisgarh.

---- Respondent For the applicant :

Mr. Vimlesh Vajpai, Advocate For the Respondent :

Mr. S.R.J. Jaiswal, P.L.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 16.11.2015

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 222 of 2015 registered at P.S. Excise Circle, Korba, District Korba (C.G) for the offence punishable under Sections 34(1)A, 34(2) & 59(A) of the C.G. Excise Act.

2. The prosecution alleges that when the raid/inspection was conducted by the police, 20 bulk litres of illicit liquor was seized from the possession of this applicant.

3. Learned State Counsel opposes the bail application. However, he submits that the concerned SHO has reported that the applicant has no previous criminal antecedents.

4. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 20 bulk litres; offence is triable by the JMFC; charge sheet has been filed and the applicant being a lady aged about 50 years and

she is in jail since 11.10.2015 this Court is inclined to release her on bail. Accordingly, this application is allowed.

5. The applicant is directed to be released on bail on her executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. She is directed to appear before the said Court on each and every date given by the said Court.

6. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao