High Court Of ChhattisgarhMCRC/9127/2021allowed

Madhuri Sahu v. State Of Chhattisgarh

2021-11-22Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9127 of 2021 Madhuri Sahu W/o Milan Sahu Aged About 29 Years R/o Village Tundri, Police Station Dabhra, District Janjgir-Champa, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through The Incharge, Excise Circle- Dabhra, District Janjgir-Champa, Chhattisgarh.

---- Respondent For the Applicant :

Shri Amit Singh, Advocate For the State :

Shri Alok Nigam, Govt. Adv.

----------------------------------------------------------------------------------------------- Hon'ble Shri Justice N.K. Chandravanshi Order On Board /11/2021

1. Heard.

2. This is first bail application filed under Section 439 of Cr.P.C. for grant of regular bail to the applicant who has been arrested in connection with Crime No. 108/2021, registered at Excise Circle - Dabhra, District - Janjgir-Champa (C.G.), for the offence punishable under Section 34 (2) of C.G. Excise Act.

3. As per prosecution story that on 20/10/2021, 14 bulk liter of country made liquor has been seized from the illegal possession of applicant.

4. Counsel for the applicant argued that the applicant is innocent and she has been falsely implicated, no seizure has been made from her, she is in jail since 20/10/2021, therefore, she be released on bail.

5. On the other hand, learned State counsel opposed the bail application. He submits that alleged liquor has been seized from illegal possession of the applicant. He further submits that earlier one case under Excise Act has already been registered against the present applicant, therefore, she may not be enlarged on bail.

6. Considered the submissions made by both the counsel.

7. Looking to the facts and circumstances of the case and quantity of the liquor seized from the illegal possession of the applicant, applicant is in jail since 20/10/2021, I feel inclined to allow the bail application. It is directed that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with one personal bond in the like sum to the satisfaction of the trial Court concerned for her appearance before the concerned Court as and when directed by the said Court, she be released on bail. CC as per rules.

Sd/- (N.K. Chandravanshi) JUDGE Kamde