Fulbai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8076 of 2021

1. Fulbai, daughter of late Shrawan Kumar Soura, aged about 40 years, resident of Jali, PS Ratanpur, District Bilaspur (CG) ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, PS Excise Circle Kota, Civil and Revenue District Bilaspur (CG) ---- Non-Applicant For Applicant : Shri Vivek Sharma on behalf of Shri Nitansh Jaiswal, Adv. For Non-Applicant : Shri Ishwar Jaiswal, Panel Lawyer. Hon'ble Shri Deepak Kumar Tiwari, J Order On Board /10/2021 :

1. The applicant has preferred this application for grant of bail as she is arrested in connection with Crime No.67/2021 registered in Police Station Excise Circle Kota, District Bilaspur for offence under Section 34 (1)(A), 34 (2), 59 (A) of the CG Excise Act.

2. Case of the prosecution in brief is that on 28.9.2021 the police received an information that the applicant is in illicit possession of 51 liters of country made liquor. The applicant is arrested on the same date.

3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the case.

4. On the other hand, learned State Counsel opposes the bail application on the submission that the concerned SHO has not reported any previous antecedents of the applicant.

5. Considering the facts and circumstances of the case, particularly the fact that the applicant is arrested on 28.9.2021, this Court is inclined to

release the applicant on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on the following conditions :-  She shall execute a personal bond for a sum of Rs.50,000/- with 2 sureties for the like amount to the satisfaction of the trial Court.  She shall appear before the trial Court on each and every date given by the said Court.

 She 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 from disclosing such fact to the Court.

 She shall not act in any manner which will be prejudicial to fair and expeditious trial,  She shall not involve herself in any offence of similar nature in future.

 While executing the bail bonds, the applicant and the person who stands as surety shall furnish their Full Size coloured Postcard size photograph mentioning their Aadhar numbers and also a copy of the Aadhar Card before the trial Court, which shall be verified from its original by the trial Court.

Sd/- (Deepak Kumar Tiwari) Judge Barve