Mamin Bai v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.2658 of 2017 Mamin Bai, W/o Budhram Koshale, aged about 45 years, R/o Village Bahera, Police Station Berla, District Bemetara (C.G.) ---- Applicant

Versus

The State of Chhattisgarh, Through Police of Police Station Berla, District Bemetara (C.G.) ---- Non-applicant For Applicant:

Mr. P.P. Sahu, Advocate.

For Non-applicant:

Mr. Wasim Miyan, Panel Lawyer.

Hon'ble the Vacation Judge Order On Board 30/05/2017

1. Heard on the application under Section 439 of the CrPC for grant of bail.

2. It is submitted that the applicant has been arrested in connection with Crime No.113/2017 registered for offence under Section 34 (2) of the Chhattisgarh Excise Act, 1915 at Police Station Berla, Distt. Bemetara, on 10-4-2017. The application filed by the applicant for bail has been rejected by the Court below. It is pleaded that the applicant is innocent and has been falsely implicated. She is a local resident and is ready and willing to abide by the conditions that may be imposed for her release on bail. Charge-sheet has been filed by the police and disposal of the case before the trial Court is likely to take some time. Hence, it is prayed that the application be allowed.

3. Counsel for the State has opposed the bail application.

4. Perused the case diary of Crime No.113/2017.

5. A total of 1043 quarters (187.740 bulk litres) of English liquor

amounting to 83,440/- was seized from the possession of the ₹ applicant by the police of Berla. The case has been registered, investigated and charge-sheeted. Although there is a history with respect to the applicant having been prosecuted for commission of similar offences, even then the applicant is a woman and looking to the facts and circumstances of this case, it is appropriate that she should be enlarged on bail during the pendency of trial. Hence, this application is allowed.

6. It is directed that on furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court for her appearance as and when directed, the applicant shall be released on bail, subject to following conditions:

1. That, the applicant shall furnish a specific undertaking that while on bail, she will not commit any excise offence, otherwise bail granted to her shall be liable to be cancelled and shall co-operate the prosecution during trial.

2. That, the accused/applicant shall make herself available for interrogation before the concerned Investigating Officer as and when required and the accused/applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer.

3. That, the accused/applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial. Sd/- (Rajendra Chandra Singh Samant) Vacation Judge Subbu