High Court Of ChhattisgarhMCRC/8695/2018allowed

Smt. Shashi Bai v. State Of Chhattisgarh

2018-11-16Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8695 of 2018 • Smt. Shashi Bai W/o Suraj Singh Pendrow Aged About 40 Years R/o Village Belha Police Station- Pachpedi, District- Bilaspur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Excise Circle- Masturi, DistrictBilaspur, Chhattisgarh. ---- Respondent __________________________________________________________________ For Applicant : Shri Umakant Singh Chandel, Advocate.

For Respondent/State : Smt. Smita Ghai, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 16/11/2018

1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as she is arrested in connection with crime No. 55/2018, registered at Excise Circle - Masturi, District- Bilaspur (C.G.) for the offence punishable under Section 34 (1) (A) (F), 34 (2) & 59 (A) of the C.G. Excise Act.

2. As per the prosecution story, on 24.10.2018, on the basis of information received from an informant, excise officials searched the Applicant and total 10 bulk litres of country made liquor and 200 Kgs. of Mahua has been seized from her possession and she has been arrested on the same day.

3. Learned Counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. He further submits that the Applicant has no criminal antecedent, she is in custody since 24.10.2018 and trial will take some time. Therefore, she may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties and perused the case diary with due care.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the Applicant has no criminal antecedent, she is in custody since 24.10.2018 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release her on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the Applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for her appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Shubham