High Court Of ChhattisgarhMCRC/405/2017allowed

Smt. Gayatri Viliyamson v. State Of Chhattisgarh

2017-02-01Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 405 of 2017 • Smt. Gayatri Viliyamson W/o Shashikant Viliyamson, Aged About 28 Years Caste- Christian, R/o Bazar Para, Police Chowki- Kanwar, Police Station- Gurur, District- Balod Chhattisgarh. --- Applicant

Versus

• State of Chhattisgarh S/o through the Station House Officer, ChowkiKanwar, Police Station- Gurur, Tehsil- Balod, District- Balod Chhattisgarh. --- Respondent For the applicant : Mr. Raj Kumar Pali, Advocate For the Respondent : Mr. Ashutosh Pandey, Panel Lawyer Hon'ble Shri Justice GOUTAM BHADURI Order on Board .02.2017

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. 884/2016 registered at Police Chowki Kanwar, Police Station Gurur, District Balod (C.G) for the offence punishable u/s 34(2) of the Chhattisgarh Excise Act.

2. The prosecution alleges that when a raid/inspection was conducted by the Police, 10.620 bulk litres of illicit liquor was seized from the possession of the applicant.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case as no seizure was made in person from him. He further submits that the applicant is in jail since 18.12.2016 and the alleged seizure having been made, no further investigation is necessary, therefore, she may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application. However, he is unable to dispute the fact that

earlier any case of similar nature u/s 34(2) of the C.G. Excise Act was registered against him.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor in this case is only 10.620 bulk litres; offence is triable by the JMFC and the applicant is in jail since 18.12.2016 this Court is inclined to release her on bail. Accordingly, this application is allowed.

6. 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 will also appear before the said Court as and when directed by the said Court.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o