Smt. Kumari Kurre v. The State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.4571 of 2017 • Smt. Kumari Kurre W/o Arjun Kurre Aged About 28 Years By Caste Satnami, R/o Tara, Police Station Dharsiwa, Tahsil Dharsiwa, District Raipur Chhattisgarh.
---- Applicant
Versus
• The State Of Chhattisgarh Through The Police Station Dharsiwa, District Raipur Chhattisgarh.
---- Respondent For Applicant : Shri HS Patel, Advocate For Respondent/State : Shri Wasim Miyan, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 11.8.2017 Learned counsel for the applicant undertakes to file his vakalatnama to represent the applicant as required under Rule 261 of High Court of Chhattisgarh Rules, 2007 during the course of the day.
2.
Statement of learned counsel for the applicant is recorded. 3.
Heard the matter finally.
4.
This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.252/2017 registered in Police Station Dharsiwa, Distt. Raipur (CG) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.
5.
Learned counsel for the applicant submits that the applicant has been arrested on 10.6.2017, after investigation, Police has filed charge sheet which is pending before Judicial Magistrate First Class, Raipur as Criminal Case No.4710/2017. As per the allegation, 5.400 bulk liters of country made liquor has been seized from the possession of the applicant. The applicant is the first offender, she will not commit any offence in future, as the trial may take sometimes for its conclusion, the applicant may be released on bail.
6.
Per contra, learned counsel for the State opposed the arguments advanced on behalf of the applicant but fairly submits that there is no criminal antecedent reported against the applicant. 7.
Perused the entire material.
8.
The applicant is in custody for two months and one day, charge sheet has been filed, trial may take sometimes for its conclusion, she is the first offender and considering the entire facts, I am inclined to grant one opportunity to the applicant so that she will not commit any offence in future and shall remain peacefully in the society.
9.
Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.
10.
It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one solvent surety of like sum amount to the satisfaction of Judicial
Magistrate First Class, Raipur for her appearance before the said Court as and when directed.
11.
It is made clear that this order granting bail to the applicant shall stand cancelled automatically without reference to the Bench by the Court below if (i) the trial Court finds that the applicant suppressed filing or pendency of any other application for grant of bail before this Court or the Hon'ble Apex Court intentionally; (ii) the applicant does not cooperate in the trial; (iii) the applicant is found to be involved in any offence of the like nature; and (iv) the trial Court finds that the applicant remains absent without any sufficient and cogent reason. If bail is cancelled automatically in view of the above , the Court below may proceed further under the provisions of law, under intimation.
Certified copy as per rules.
Sd/- (Chandra Bhushan Bajpai) JUDGE Bini