Gouri @ Pinky Pardhi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.3297 of 2017 • Gouri @ Pinky Pardhi W/o Dinesh Pardhi, Aged About 23 Years R/o Village Rajpur, Police Station Dhamdha, Tehsil - Dhamdha District Durg Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh State Of Chhattisgarh Through: S.H.O. Dhamdha District- Durg, Chhattisgarh.

---- Respondent For Applicant : Shri Avinash Chand Sahu, Advocate For Respondent/State : Shri Wasim Miyan, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 04.7.2017 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.64/2017 registered in Police Station Dhamdha, Distt. Durg (CG) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915.

3.

Learned counsel for the applicant submits that the applicant has been arrested on 07.4.2017, after investigation charge sheet has been filed against four accused persons which is pending before Judicial Magistrate First Class, Durg as Criminal Case No.4008/17. Out of these four persons including the applicant, the police has seized 525 bulk liters of country made liquor. The applicant is a

woman, she will not commit any offence in future, hence, she may be granted bail.

4.

Per contra, learned counsel for the State opposes the arguments advanced on behalf of the applicant on the ground that huge quantity of liquor has been seized from the joint possession of the applicant and other three accused persons. Moreover one matter under Section 36C of the CG Excise Act and also two matters under the preventive proceedings have already been registered against the applicant.

5.

Perused the entire material.

6.

On due consideration of the huge quantity of liquor so seized from the applicant and also considering the criminal antecedent of the applicant, I am not inclined to grant bail to the applicant. 7.

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

Sd/- (Chandra Bhushan Bajpai) JUDGE Bini