High Court Of ChhattisgarhMCRC/8312/2021allowed

Smt. Kunti Bai v. State Of Chhattisgarh

2021-10-26Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8312 of 2021 Smt. Kunti Bai W/o Bhaiyaram Sahu, Aged About 50 Years R/o Kundrapara Bhilai-3, Police Station Purani Bhilai, Tahsil Patan District Durg Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through District Magistrate, Durg, District Durg Chhattisgarh.

---- Respondent For the Applicant :

Shri Purnendra Khichariya, Advocate For the State :

Ms. Akshara Amit, P.L.

----------------------------------------------------------------------------------------------- Hon'ble Shri Justice N.K. Chandravanshi Order On Board /10/2021

1. As per applicant, this is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2. The applicant has been arrested in connection with Crime No. 380/2021 registered in Police Station Purani Bhilai, District - Durg (CG) for offence punishable under Section 34(2) of C.G. Excise Act.

3. Prosecution story in brief is that on 02/10/2021, 15.840 bulk liter of country made liquor has been seized from the possession of applicant.

4. Counsel for the applicant argued that the applicant is a lady, she is innocent and falsely implicated in the present case. She is in jail since 02/10/2021, hence she be released on bail.

5. On the other hand, the State counsel opposed the bail application. She submits that as per case diary there is no previous criminal antecedent has been shown against the present applicant.

6. Looking to the facts and circumstances of the case and quantity of the liquor seized from the illegal possession of the applicant, the detention period of the applicant, I feel inclined to allow the bail application. 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, she be released on bail.

CC as per rules.

Sd/- (N.K. Chandravanshi) JUDGE Kamde