High Court Of ChhattisgarhMCRC/4909/2019allowed

Smt. Ragini v. State Of Chhattisgarh

2019-08-06Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 4909 of 2019 • Smt. Ragini W/o Pushpraj Banjare Aged About 24 Years R/o Village And Police Station- Sarsiwa, District (Revenue & Civil)- BalodabazarBhatapara, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station- Sarsiwa, District (Revenue & Civil) - Balodabazar - Bhatapara Chhattisgarh ---- Respondent ____________________________________________________________________ For Applicant :

Mr. Sumit Jhawar, Advocate.

For Non-applicant/State :

Mr. Roshan Dubey, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 06-08-2019

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. 227/2019, registered at Police Station- Sarsiwa- Balodabazar, District- (Revenue & Civil)- Balodabazar- Bhatapara (C.G.) for the offence punishable under Section 34(2) of the Excise Act.

2. The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 15.840 bulk liters and she was arrested on 09.07.2019.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and she is in jail since 09.07.2019; therefore, she may be released on bail.

4. Learned State counsel opposes the prayer for grant of bail, however, he would submit that as per the information received from the concerned

-2SHO, 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 15.840 bulk liters; offence is triable by the JMFC and the applicant is in jail since 09.07.2019, 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. It is directed that the applicant shall be released on bail on her 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.

7. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Monika