Sulochanalinjhare v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5481 of 2019 Sulochana Linjhare D/o Dalpat Linjhare Aged About 60 Years R/o Kergaon, Police Station Dongargaon, District- Rajnandgaon, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through The Police Station Dongargaon, DistrictRajnandgaon, Chhattisgarh. ---- Respondent For the Applicant :

Shri S.S. Baghel, Advocate.

For the Respondent/State :

Shri Priyanshi Gupta, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

26.08.2019 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.249 of 2019, registered at Police Station Dongargaon, District - Rajnandgaon, Chhattisgarh for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 279 bulk liters and she was arrested on 18.7.2019.

3.

Learned counsel for the applicant submits that the applicant is in jail since 18.7.2019 and the applicant is innocent and has been falsely implicated in this case. Seizure was made from the open place in front of

house of the applicant. Hence, for these reasons, she may be released on bail.

4.

On the other hand, learned counsel for the State opposes the prayer for grant of bail, however, she would submit that as per the information received from the concerned SHO, 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 279 bulk liters; offence is triable by the JMFC and the applicant is in jail since 18.7.2019, this Court is inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail 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 trial Court, for her appearance as and when directed.

8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi