High Court Of ChhattisgarhMCRC/8496/2021allowed

Meghi Bai v. State Of Chhattisgarh

2021-10-29Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

MCRC No. 8496 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8496 of 2021 Meghi Bai W/o Panch Ram Aged About 65 Years R/o Village Khairtal, Ward No. 05, Police Station Nawagarh, Civil And Revenue District Janjgir Champa Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh Through The Station House Officer, Excise Circle Shivarinarayan, Civil And Revenue District Janjgir Champa Chhattisgarh ---- Respondent _____________________________________________________ For Applicant - Shri Vishwanath Prasad Shriwas, Advocate.

For Respondent/State - Shri Amit Kumar Verma, Panel Lawyer. Hon'ble Justice Shri N.K. Chandravanshi Order on Board 29-10-2021

1. Heard.

2. The applicant has preferred the first bail application under Section 439 of the Cr.P.C. for grant of regular bail, as she has been arrested in connection with Crime No.93/2021, registered at Police Station - Excise Circle, Shivarinarayan, District - JanjgirChampa (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.

3. Case of the prosecution, in brief, is that on 09-10-2021, the applicant was found in illicit possession of 7 bulk liters of country made liquor (Mahua).

MCRC No. 8496 of 2021

4. Learned counsel for the applicant would submit that the applicant is innocent, she has been falsely implicated in the instant case and she is in jail since 09-10-2021. Hence, she may be enlarged on bail.

5. Learned counsel for the State would oppose the bail application mentioning that as per impugned order, there is one criminal antecedent registered against the applicant. Hence, she is not entitled to grant bail.

6. After hearing learned counsel for both the parties and perused the material available on record and also for the fact that the applicant is in jail since 09-10-2021, I feel inclined to enlarge the applicant on bail.

7. Accordingly, the present bail application is allowed. It is directed that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with one personal bond in the like sum to the satisfaction of the trial Court concerned for her appearance before the concerned Court as and when directed by the said Court, he be released on bail.

SD/- (N.K. Chandravanshi) Judge Amardeep