Uttara Bai Kurre v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 7583 of 2018 Uttara Bai Kurre W/o Late Gopal Kurre Aged About 48 Years R/o VillageRasota, Police Station- Pamgarh, District- Janjgir- Champa, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through District- Magistrate, Police Station- Pamgarh, District- Janjgir- Champa, Chhattisgarh.

---- Respondent For Applicant :

Mr. Atul Kumar Kesharwani, Advocate For Respondent :

Mr. Vijay Bahadur Singh, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 11/10/2018 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 249/2018, registered at Police Station- Pamgarh, District - Janjgir-Champa (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.

2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 20 bulk liters and she was arrested on 14.09.2018.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and she is in jail since 14.09.2018; therefore, she may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail, however, he would submit that as per the information received from the concerned SHO, two previous cases of Excise Act are registered against the applicant. Therefore, she may not be released on bail. 5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 20 bulk liters; offence is triable by the JMFC and the applicant is in jail since 14.09.2018, this Court is inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for her appearance as and when directed.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram