Smt. Sumitra Banjare v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8263 of 2016 • Smt. Sumitra Banjare W/o Shri Kishan Banjare, Aged About 28 Years R/o Village Kurud, Police Station Mandir Hasood, District Raipur, Civil & Revenue District Raipur, Chhattisgarh.

---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station Mandir Hasood, District Raipur, Chhattisgarh.

---- Respondent ------------------------------------------------------------------------------------------------------------ For Applicant :

Mr. Ajay Mishra, Advocate For Respondent/State :

Mr. U.K.S. Chandel, Panel Lawyer ---------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 21-12-2016 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 on 29-11-2016 in connection with Crime No. 320 of 2016, registered at Police Station Mandir Hasood, District Raipur (CG) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2.

As per prosecution case, when a raid was conducted by the police party, the applicant was found in possession of illicit liquor measuring about 25.2 liters, the same was seized from her and thereby the aforesaid offence was committed.

3.

Learned counsel appearing for the applicant would submit that the applicant has been falsely implicated in the case, she is in jail since 29-112016 and no further investigation is required, therefore, she may be released on bail.

4.

On the other hand, learned State counsel opposes the prayer for grant of bail, however, he would submit that as per the information received from the concerned SHO, the applicant has no previous antecedents of similar offence.

5.

I have heard learned counsel for the parties and have also perused the case diary and the documents.

6.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 25.2 liters, offence is triable by the JMFC and the applicant is in jail since 29-11-2016, this court is inclined to release the applicant on bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on her furnishing a personal bond in the 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/- (Goutam Bhaduri) Judge Raju