Smt. Monika Chandrakar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5256 of 2016 • Smt. Monika Chandrakar W/o Jitendra Chandrakar, Aged About 30 Years R/o Tedesara, Police Station Somni, Tahsil And District Rajnandgaon, Chhattisgarh. --- Applicant

Versus

• State of Chhattisgarh through Station House Office, Police Station Somni, District Rajnandgaon, Chhattisgarh. --- Respondent For the applicant : Mr. Praveen K. Dhurandhar, Advocate For the Respondent : Mr. Lav Sharma, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 07.09.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 133 of 2016 registered at P.S. Somni, Distt. Rajnandgaon (C.G) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act.

2. The prosecution alleges that when a raid/inspection was conducted by the Police, 9.900 bulk litres of illicit liquor was seized from the possession of the applicant.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case as no seizure was made in person from her. He further submits that the applicant is in jail since 07.08.2016 and the alleged seizure having been made, no further investigation is necessary, therefore, she may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application. However, he submits that earlier no case of

similar nature u/s 34(2) of the Excise Act was registered against the applicant.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor in this case is 9.900 bulk litres; offence is triable by the JMFC and the applicant is in jail since 07.08.2016 this Court is inclined to release him on bail. Accordingly, this application is allowed.

6. The applicant is directed to be released on bail on her executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. She will also appear before the said Court as and when directed by the said Court.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o