Smt. Hemin Bai v. The State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8127 of 2017 • Smt. Hemin Bai W/o Late Shri Jagdev Koshariya, Aged About 65 Years, By Caste Satnami, R/o Ward No. 7 Dokarpali, Thana Tendukona, Civil And Revenue District Mahasamund Chhattisgarh , Chhattisgarh ---- Applicant

Versus

• The State Of Chhattisgarh Through The Excise Officer, Excise Circle Bagbahra, Civil and Revenue District Mahasamund Chhattisgarh , Chhattisgarh ---- Non-applicant For Applicant - Shri Sunil Sahu, Advocate.

For Non-applicant/State - Shri Anant Bajpai, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 05-02-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court by the applicant for grant of regular bail. The applicant has been arrested on 05-12-2017 in connection with Crime No.33/2017 registered at Excise Circle Bagbahra, District Mahasamund, C.G. for the offence under Section 34(2) of the C.G. Excise Act. 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. She is in custody since 05-12-2017. Hence, she may be enlarged on bail.

3.

Learned counsel for the State/non-applicant opposes the application and submission. It is submitted that in total 13 bulk liter illicit hand made country liquor has been seized from the possession of the applicant. Hence, she is not entitled for grant of bail.

4.

Heard learned counsel for both the parties and perused the case diary. 5.

Considering the submissions made and the contents of the case diary, detention of the applicant till completion of investigation and trial would not

-2serve any purpose. Hence, for these reasons the application deserves to be allowed.

6.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. 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 Court, for her appearance as and when directed. 7.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil