MCRC/10298/2021 of SMT. BASANTI Vs STATE OF CHHATTISGARH on 30 December 2021

(1) As per applicant, this is first bail application under Section 439 of the Cr.P.C.preferred by the applicant before this Court and no other bail application is pendingbefore any other Court.

(2) The applicant has been arrested in connection with Crime No. 179/2021 registeredat Excise Circle Ambikapur, District Surguja (C.G.) for commission of offence punishableunder Sections 34(1)A, 34(2) & 59(A) of C.G. Excise Act.

(3) Case of the prosecution, in brief, is that the applicant was found in possession of25 bulk liters of illicit liquor on 15.12.2021, which she was carrying without authority oflaw.

(4) Counsel for the applicant submits that the applicant has been falsely implicated inthe crime in question, as the alleged liquor has not been seized from her exclusivepossession. He further submits that the applicant, being a lady, is languishing in jail since15.12.2021 and the trial is likely to take some time for its final disposal, therefore, the applicant is entitled to be released on bail.

(5) Per contra, Counsel for the State opposes the bail application filed by theapplicant.

(6) I have heard learned counsel for the parties and perused the case diary as well asmaterial available on record.

(7) Looking to the entire facts and circumstances of the case, quantity of the liquorseized from the possession of the applicant and detention period of the applicant, I feelinclined to allow the bail application. Accordingly, the bail application is allowed.

(8) Accused/applicant is directed to be released on bail on her executing a personalbond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of thetrial Court. She is directed to appear before the trial Court on each and every date givento her by the said Court till disposal of the trial.

(9) In view of above, I.A. No. 1/2021 & I.A. No. 2/2021 stand disposed of.

Certified copy, as per rules.

Sd/-

(N.K.Chandravanshi) Vacation Judge