Chitrarekha Bai v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 726 of 2017 Chitrarekha Bai, W/o. Late Narendra Kumar Manhare, Aged About 38 Years, Caste- Satnami, R/o. Village Parsada, Police Station & Tahsil - Gunderdehi, District Balod, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through : Station House Officer, Police Station - Gunderdehi, District - Balod, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. B.P.Singh, Advocate For Respondent :

Ms. Sunita Jain, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 13/02/2017 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.21/2017 registered at Police Station- Gunderdehi, District Balod (C.G.) for the offence punishable under Sections 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 81 bulk liters and she was arrested on 11.01.2017.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and she is in jail since 11.01.2017; therefore, she may be released on bail. 4.

Per contra, learned State counsel opposes the prayer for grant of bail, however, she would submit that as per the information received from the concerned SHO, 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 81 bulk liters, offence is triable by the JMFC and the applicant is in jail since 11.01.2017, 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. Sd/- (Goutam Bhaduri) Judge Ashok