Sita Bai v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8664 of 2016 Sita Bai, W/o. Gangaram Gond, Aged About 35 Years, R/o. Village Sabariya Dera (Hasua), Baloda, Police Station Gidhori, Tahsil Kasdol, District Balodabazar- Bhatapara, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through The Station House Office, Police Station Gidhori, District Balodabazar- Bhatapara, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Anil Gulati, Advocate For Respondent :

Ms. Sunita Jain, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 16/01/2017 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.247/2016 registered at Police Station- Gidhori, District BalodabazarBhatapara (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 country made liquor measuring about 5 bulk liters and she was arrested on 17.12.2016.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and she is in jail since 17.12.2016; therefore, she may be released on bail. 4.

Per contra, learned State counsel opposes the prayer for grant of bail, however, she would submit that as per the information

received from the concerned SHO, the applicant has no previous antecedents of similar offence.

5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 5 bulk liters, offence is triable by the JMFC and the applicant is in jail since 17.12.2016, 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. Sd/- (Goutam Bhaduri) Judge Ashok