Smt. Krishna Bai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6690 of 2015 • Smt. Krishna Bai D/o Ghanshyam Sinha Aged About 45 Years Caste Kalar, R/o Village Amlipara, Kochwahi, P.S. Gurur, Distt. Balod, Chhattisgarh.

--- Petitioner

Versus

• State of Chhattisgarh through S.H.O., P.S. Gurur, Distt. Balod, Chhattisgarh.

--- Respondent For the applicant :

Mr. P.P. Sahu, Advocate For the Respondent :

Mr. Vivek Singhal, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 07.12.2015

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. 724/2015 registered at P.S. Gurur, Distt. Balod (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. The prosecution alleges that when a raid/inspection was conducted by the Police, 5.800 bulk litres of illicit liquor was seized from the possession of the applicant.

3. Learned counsel for the applicant submits that the applicant is in jail since 09.11.2015 and the seizure having been made, no further investigation is necessary.

4. Per contra, learned State Counsel opposes the bail application. However, he submits that the concerned SHO has reported that the applicant has no criminal antecedents.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor in this case is 5.800 bulk litres; offence is triable by the JMFC and the applicant is in jail since 09.11.2015 this Court is inclined to

release him on bail. Accordingly, this application is allowed.

6. The applicant is directed to be released on bail on 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 as and when directed by the said Court.

7. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao