Hameeda Begum v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 471 of 2017 Hameeda Begum, W/o. Late Haider Ali, aged about 65 years, R/o. Sakin Ward No.18, Old Market, Dallirajhara, Police Station -Dallirajhara, Post Dallirahara, District - Balod (C.G.) ---- Applicant

Versus

The State of Chhattisgarh, Through : Police Station Dallirajhara, DistrictBalod (C.G.) ---- Respondent For Applicant :

Mr. Prasoon Agrawal, Advocate For Respondent :

Ms. M. Asha, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice P. Sam Koshy Order On Board 19/01/2017 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. 10/2016, registered at Police Station- Dallirajhara, District - Balod (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 7.560 liters and she was arrested on 09.01.2017.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and she is in jail since 09.01.2017; therefore, she may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 7.560 liters; offence is triable by the

Page No.2 JMFC and the applicant is in jail since 09.01.2017, 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.

7.

It is directed that the applicant shall be released on bail on 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.

8.

Certified copy as per rules.

Sd/- (P. Sam Koshy) Judge Balram