Smt. Janki Bai v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1020 of 2017 Smt. Janki Bai, W/o. Rajaram Yadav, Aged About 39 Years, R/o. Village Charbhatha, Police Station & District Bemetara, Chhattisgarh. ---- Applicant
Versus
The State Of Chhattisgarh, Through The Police Station Bemetara, District Bemetara, Chhattigarh.
---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :
Mr. Amit Kumar Sahu, Advocate For Respondent :
Ms. Sunita Jain, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 01/03/2017 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.54/2017 registered at Police Station- Bemetara, District Bemetara (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 45 bulk liters and she was arrested on 26.01.2017.
3.
Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and she is in jail since 26.01.2017; 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 45 bulk liters, offence is triable by the JMFC and the applicant is in jail since 26.01.2017, 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