High Court Of ChhattisgarhMCRC/4787/2019allowed

Dilbaso Bada v. State Of Chhattisgarh

2019-07-29Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. 4787 of 2019 • Dilbaso Bada W/o Ashok Bada Aged About 29 Years R/o VillageSairasai, Police Station And Tahsil- Lundra, District- Surguja, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, OutpostRaghunathpur, Police Station- Lundra, District- Surguja, Chhattisgarh ---- Respondent ____________________________________________________________________ For Applicant :

Mr. Nishi Kant Sinha, Advocate.

For Non-applicant/State :

Mr. Subhash Yadav, Dy.G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 29-07-2019

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. 75/2019, registered at Police Station- Outpost Raghunathpur, P.S. Lundra, District- Surguja (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 9 bulk liters and she was arrested on 02.07.2019.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and she is in jail since 02.07.2019; 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

-2SHO, 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 9 bulk liters; offence is triable by the JMFC and the applicant is in jail since 02.07.2019, 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.

7. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Monika