Jal Bai Chandra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6760 of 2016 • Jal Bai Chandra D/o Shri Ramcharan Chandra, Aged About 50 Years R/o Qr. No. 584, Sector 5 Balco Nagar, Tehsil & District Korba, Chhattisgarh. --- Petitioner

Versus

• State of Chhattisgarh Through Station House Officer, Balco Nagar Of Police Station Balco Nagar, District Korba, Chhattisgarh. --- Respondent For the applicant : Mr. Ashutosh Shukla, Advocate For the Respondent : Mr. Vivek Singhal, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 03.11.2016

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 227/2016 registered at P.S. Balco Nagar, District Korba (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 on 23.08.2016, from the possession of the applicant, 06 bulk litres of country made liquor was seized, thereby the offence has been committed.

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 lady aged about 50 years and she is suffering from Fibroid and was admitted in hospital which would be evident from inspection of the CJM, Korba and the CJM has

also recorded that she needs immediate treatment, therefore, counsel for the applicant submits that she may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application.

5. Perused the case diary documents and the communication dated 22.09.2016 made by the CJM and the order sheet recorded on 21.09.2016 by the CJM. The documents also show that a wireless message was sent to the relatives of the applicant that the applicant was admitted in hospital for treatment.

6. On perusal of the documents, it appears that the applicant is suffering from acute gynecological problem and in addition she is also being differently treated for anemia which has been caused. Thus considering the totality of facts and circumstances of the case especially the health condition and medical report of the applicant and further taking into fact that the applicant is lady aged about 50 years and is in jail since 23.08.2016 and the quantity which was allegedly recovered from the applicant is only 6 bulk litres, I am inclined to release her on bail.

7. Accordingly, this application is allowed and 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 for her appearance before the said Court as and when directed. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o