Jayshri Kerketta v. State Of Chhattisgarh

M.Cr.C. No. 7537 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7537 of 2020 • Jayshri Kerketta wife of Felorancesiyus Kerketta, aged about 22 years, Occupation - Labour, resident of Bhathu Para, Police Choki - Manipur, Police Station Kotwali, Ambikapur, District Surguja (C.G.) ---- Applicant

Versus

• State of Chhattisgarh, Through: the Incharge, Chowki-Manipur, Police Station - Kotwali, Ambikapur, District Surguja (C.G.) ---- State/Non-applicant For Applicant :

Shri Jitendra Shrivastava, Advocate For Non-Applicant/State :

Shri Dinesh Kumar Tiwari, Deputy Government Advocate Hon'ble Shri Justice Gautam Chourdiya, J Order on Board 04.12.2020

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. as she is in jail since 10.10.2020 in connection with Crime No. 609/2020 registered in Police Station- Chowki Manipur, P.S. Kotwali, Ambikapur, District Surguja (CG) for the offence punishable under Section 34 (2) of the CG Excise Act.

2. Allegation against the applicant is that she was found in illegal possession of 20 liters of hand made mahuwa liquor.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, she is languishing in jail since 10.10.2020 and conclusion of the trial is likely to take some time.

4. On the other hand, learned counsel for the State opposes the bail application.

5. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the quantity of illicit liquor, the

M.Cr.C. No. 7537 of 2020 detention period of the applicant, she has no criminal antecedents as admitted by both the counsel and the fact that conclusion of the trial may take some time, without expressing any opinion on merits of the case, the application is allowed. It is directed that in the event of applicant executing a personal bond for a sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the concerned trial Court, she shall be released on bail. The applicant is directed to appear before the trial Court on each and every date given to her by the said Court, till disposal of the trial.

6. It is made clear that the applicant shall not involve herself in any offence of similar nature in future or else this order granting bail to the applicant shall automatically stand cancelled without further reference to the Bench. Sd/- (Gautam Chourdiya) Judge vatti