Triveni Bai v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1879 of 2017 • Triveni Bai W/o Late Madan Yadu, Aged About 50 Years R/o Lal Bahadur Nagar, Tehsil Dongargarh, District Rajnandgaon, Chhattisgarh.
---- Applicant
Versus
• State Of Chhattisgarh Through The Excise Circle Chichola, District Rajnandgaon, Chhattisgarh.
---- Respondent For Applicant : Shri S.S. Baghel, Advocate For Respondent/State : Shri Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 04/4/2017 Heard the matter finally.
2.
This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No.306/2016-2017 registered at Police Station Excise Circle, Chichola, Revenue and Civil District Rajnandgaon (CG) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.
3.
Case of the prosecution, in brief, is that 18 bulk liters of duty paid country made liquor was seized by the police from the present applicant.
4.
Learned counsel for the applicant submits that charge sheet has not been filed. The applicant is in jail as per order of CJM, Rajnandgaon. The applicant has no criminal background and will not commit any similar offence in future and therefore, the applicant may be released on bail.
5.
On the other hand, learned counsel for the State opposes the bail application. However, he fairly conceded that there is no other criminal antecedent regarding the applicant for her involvement in the similar offence.
6.
I have heard the counsel appearing for the parties and perused the material.
7.
Without commenting on merits, considering the totality of the facts and circumstances of the case, quantity of liquor and also considering the fact that the applicant is in detention since 05.03.2017, this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail. 8.
Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.
9.
It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.30,000/- with one surety of the likesum to the satisfaction of the CJM, Rajnandgaon (CG) for her appearance before the said trial Court as and when directed.
10.
It is made clear that this order granting bail to the applicant shall stand cancelled automatically without reference to the Bench by the Court below if (i) the trial Court finds that the applicant suppressed filing or pendency of any other application for grant of bail before this Court or the Hon'ble Apex Court intentionally; (ii) the applicant does not cooperate in the trial; (iii) the applicant is found to be involved in any offence of the like nature; and (iv) the trial Court finds that the applicant remains absent without any sufficient and cogent reason. If bail is cancelled automatically in view of the above , the Court below may proceed further under the provisions of law, under intimation.
Certified copy as per rules.
Sd/- (Chandra Bhushan Bajpai) JUDGE sunita