Smt. Manju Nishad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 242 of 2021 1.

Smt. Manju Nishad W/o Lalit Nishad, Aged About 28 Years, R/oOteband, P.S. Nandani, District Durg (C.G.). ---- Applicant

Versus

1.

State Of Chhattisgarh, Through The Excise Circle Dhamdha, District Durg (C.G.).

---- Respondent For Applicant : Mr. G.P. Kurre, Advocate.

For Respondent/State : Ms.Smriti Shrivastava, Panel Lawyer. Hon'ble Justice Shri Gautam Chourdiya Order on Board 14/01/2021 1) Heard on admission.

2) The application is admitted for hearing.

3) With the consent of the parties, the matter is heard finally. 4) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as she is in jail since 20/05/2020 in connection with Crime No. 17/2020 registered at Police Station Excise Circle Dhamdha, District Durg (C.G.) for the offence punishable under Sections 34(1), 34(2) & 59(A) of Chhattisgarh Excise Act.

5) Allegation against the applicant is that she was found in illegal possession of 8.1 bulk Ltrs. of country made liquor. 6) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question as she has been not committed any offence. He further submits that as the applicant has been arrested on 20/05/2020 and trial is likely to take some time for its disposal. He also submits that the

applicant has no criminal antecedent. Therefore, the applicant be released on bail by this Court.

7) On the other hand, learned counsel for the respondent/State opposes the bail application. He submits that the applicant has no criminal antecedent.

8) 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 that 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:- i.

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, ii.

she shall not act in any manner which will be prejudicial to air and expeditious trial, and iii.

she shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. iv.

she shall not involve herself in any offence of similar nature in future.

-Sd/- (Gautam Chourdiya) Judge Chandrakant