Smt. Aghan Bai Mande v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7943 of 2020 • Smt. Aghan Bai Mande W/o Godhiram Mande Aged About 60 Years Resident Of Lokbandh, Police Station- Kota, District- Bilaspur, Chhattisgarh.

--Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Police StationKota, District- Bilaspur, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------------- For Applicant :

Mr. Amit Singh Chauhan, Advocate.

For State :

Mr. Vimlesh Bajpai, Govt. Advocate Hon'ble Shri Justice Gautam Chourdiya Order on Board 26-11-2020

1. Heard on admission.

2. The application is admitted for hearing.

3. Learned counsel for the applicant submits that crime number has wrongly been mentioned in the impugned order as 68 of 2020 whereas the correct crime number is 69 of 2020.

4. Learned State counsel does not dispute the above fact.

5. With consent of both the parties, the matter is heard finally.

6. The applicant has preferred this first bail application under Section 439 of Cr.P.C. as she is in jail since 17-10.2020 in connection with Crime No. 69 of 2020 registered in Police Station- Excise Circle, Kota, District Bilaspur (CG) for the offence punishable under Section 34(1), 34(2) and 59(A) of the CG Excise Act.

7. Allegation against the applicant is that he was found in illegal possession of 30 liters of Mahua liquor.

8. Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, she is languishing in jail since 17-10-2020 and conclusion of the trial is likely to take some time.

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

10. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the quantity of illicit liquor, the detention period of the applicant 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.25,000/- with two equivalent sureties for the like amount to the satisfaction of the concerned trial Court, she shall be released on bail. She 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.

11. It is made clear that the applicant shall not involve himself 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 Raju