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High Court Of ChhattisgarhMCRC/3152/2017allowed

Smt. Saraswati Nayak v. State Of Chhattisgarh

2017-05-22Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C No.3152 of 2017 Smt. Saraswati Nayak W/o Shri Sagar Nayak, Aged About 27 Years R/o Khalbada, Nearby Hira Pan Thela, Gudhiyari Raipur, District Raipur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Gudhiyari, Raipur, District Raipur, Chhattisgarh.

---- Non-Applicant For Applicant:

Shri CR Sahu, Advocate.

For State/Non-Applicant:

Shri Anant Bajpai Panel Lawyer.

Single Bench:Hon'ble Shri Prashant Kumar Mishra J Order On Board 22.5.2017 1.

This is the first bail application under Section 439 Cr.P.C for grant of regular bail as the Applicant is arrested in connection with Crime No.85/2017 registered at Police Station - Gudhiyari, District Raipur (CG) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act for illegally possessing 11.340 bulk liters of country made liquor. 2.

Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the alleged crime. He submits further that there are no criminal antecedents of similar offence against her and is therefore liable to be enlarged on bail.

3.

On the other hand, learned counsel for the State opposed the prayer for

bail.

4.

Having considered the facts and circumstances of the case and particularly keeping in view the quantity of liquor seized and also that the offence is triable by the Judicial Magistrate, First Class and that the Applicant is in jail since 09.4.2017, this Court is inclined to release the Applicant on bail. Accordingly, the bail application filed under Section 439 of the Cr.P.C is allowed and it is directed that the Applicant shall be released on bail on her 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. She shall also appear before the trial Court as and when directed. It is made clear that if the Applicant involves herself in the offence of similar nature in future, this order granting bail to the Applicant shall automatically stand cancelled without further reference to the Bench.

Sd/- (Prashant Kumar Mishra) V. JUDGE Priya