Sarla Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8806 of 2020 • Sarla Verma W/o Rakesh Verma Aged About 41 Years R/o Village Godkhamhi, Police Station Lormi, District Mungeli Chhattisgarh., District : Mungeli, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Excise Officer, Excise Circle, Lormi, District Mungeli Chhattisgarh., District : Mungeli, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------------- For Applicant :

Mr. Santosh Bharat, Advocate.

For State :

Mr. D.K. Gwalre, Dy. Govt. Advocate Hon'ble Shri Justice Gautam Chourdiya Order on Board 08-12-2020

1. Heard on admission.

2. The application is admitted for hearing.

3. With consent of both the parties, the matter is heard finally.

4. The applicant has preferred this first bail application under Section 439 of Cr.P.C. as she is in jail since 11-11-2020 in connection with Crime No. 85 of 2020 registered in Police Station- Excise Circle, Lormi, District Mungeli (CG) for the offence punishable under Sections 34(1)(A) (2) and 59(A) of the CG Excise Act.

5. Allegation against the applicant is that she was found in illegal possession of 69.800 bulk liters of country made liquor.

6. Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, she is languishing in jail since

11-11-2020 and conclusion of the trial is likely to take some time. He also submits that the applicant has no criminal antecedent.

7. On the other hand, learned counsel for the State opposes the bail application. However, he submits that the applicant has no criminal antecedent.

8. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the quantity of illicit liquor, the detention period of the applicant and the fact that the applicant has no criminal antecedent as admitted by both the counsels and that conclusion of the trial may take some time, the application is allowed. It is directed that in the event of applicant executing a personal bond for a sum of Rs.1,00,000/- with two equivalent sureties of Rs.50,000/- each to the satisfaction of the concerned trial Court, she shall be released on bail. She is directed to appear before the trial Court on each and every date given to her by the said Court, till disposal of the trial.

9. It is made clear that the applicant shall not involve herself in any offence of similar nature in future or else this order granting bail to the applicant shall automatically stand cancelled without further reference to the Bench.

Sd/- (Gautam Chourdiya) Judge Raju