Vindeshwari Rajwade v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9392 of 2020 • Vindeshwari Rajwade W/o Shri Bihari Ram Aged About 30 Years Occupation Agriculture And Labour, Caste Rajwar, R/o Village Barbaspur, P. S. And Tahsil Ramanujnagar, District Surajpur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Excise Office, Excise Sub Inspector, Ramanujnagar Circle, District Surajpur Chhattisgarh ---- Non-Applicant For Applicant : Shri Rishikant Mahobia and Ms. Suchita Ben, Advocates For Non-Applicant/State : Shri Vimlesh Bajpai, G.A. Hon'ble Justice Shri Gautam Chourdiya Order on Board 20.01.2021

1) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as she is in jail since 25.11.2020 in connection with Crime No.53/2020, registered at Police Station- Excise Circle Ramanujnagar, District-Surajpur (C.G.) for the offence punishable under Section 34 (2) of C.G. Excise Act.

2) Allegation against the applicant is that she was found in illegal possession of 11 bulk Ltrs country made liquor.

3) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question, she has not committed any offence. He further submits that the applicant has no criminal antecedent and as the applicant has been arrested on 25.11.2020 and trial is likely to take some time for its final disposal. Therefore, the applicant be released on bail by this Court.

4) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the manner in which the

liquor was seized from the applicant, 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 conclusion of trial may take some time, the application is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the concerned Trial Court, she shall be released on bail, on the following conditions:- (a)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 her from disclosing such fact to the Court.

(b)she shall not act in any manner which will be prejudicial to fair and expeditious trial, and (c) she shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial.

(d) she 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 Nadim