High Court Of ChhattisgarhMCRC/8149/2020allowed

Seenu Toppo v. State Of Chhattisgarh

2020-12-02Hon'Ble Shri Justice Gautam Chourdiya2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8149 of 2020 • Seenu Toppo, W/o Rakesh Toppo, aged about 37 Years, R/o Bhatapara Ward Police Station and Tahsil Ambikapur, District Surguja Chhattisgarh.

----Applicant

Versus

• State of Chhattisgarh, Through the Station House Officer, Chowki-Manipur, Thana Ambikapur, District Surguja Chhattisgarh. ---- Respondent For Applicant Shri Rahul Agrawal, Advocate.

For State Shri Vimlesh Bajpai, Government Advocate.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 02/12/2020

1. Heard on admission.

2. The application is admitted for hearing.

3. With the consent of the parties, the matter is heard finally.

4. The applicant has preferred this application under Section 439 of Cr.P.C. as she has been arrested in connection with Crime No.640/2020 registered at Police Chowki- Manipur, Thana Ambikapur, District Surguja, C.G. for the offence punishable under Section 34 (2) of the C.G. Excise Act.

5. Allegation against the applicant is that she was found in illegal possession of 10 bulk litres of country made liquor.

6. Learned counsel for the applicant submits that the applicant has

been falsely implicated in this crime, she was arrested on 16.10.2020 and thereafter granted temporary bail by the trial Court vide order dated 21.10.2020 looking to the COVID-19 Pandemic which was effective till 20.11.2020 and conclusion of trial is likely to take some time.

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

8. 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 trial may take some time, the application is allowed. It is directed that in the event of applicant executing a personal bond for a sum of Rs.50,000/- with two sureties of Rs.25,000/- each 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.

9. 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 Akhilesh