Chattisgarh High Court
Roop Bai Singh vs State Of Chhattisgarh on 6 April, 2022
Author: Nk Chandravanshi
Bench: Nk Chandravanshi
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 3144 of 2022
• Roop Bai Singh W/o Late Shivpal Singh Aged About 50 Years
Caste Gonde R/o Village Khanda, Police Station Sipat, District
Bilaspur, Chhattisgarh.
---- Applicant
Versus
• State Of Chhattisgarh Through Excise Circle Sipat, District
Bilaspur, Chhattisgarh.
---- Respondent
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For Applicant : Mr. Mohit Kumar, Adv. For respondent/State : Mr. Ishwar Jaiswal, PL.
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Hon'ble Shri Justice NK Chandravanshi Order On Board 6-4-2022
1. This is second bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 113/2022 registered at Police Station - Excise Circle, Sipat, Distt. Bilaspur (C.G.), for the offence punishable under Section 34(1)(क)(च ), 34(2), 59(क) of the CG Excise Act. Her first bail application under Section 439 of the Cr.P.C. was rejected by this Court vide order dated 16-3-2022 passed in MCRC No. 2456/2022.
2. Case of the prosecution, in brief, is that, 27-2-2022, 7.5 bulk litre of handmade Mahua liquor and 750 kg. of Mahua Lahan were seized from the illegal possession of present applicant. Thereafter, present offence was registered.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated. No seizure has been made from her 2 physical possession. She is in jail since 27-2-2022, therefore, present applicant may be enlarged on bail.
4. On the contrary, learned State counsel opposes the application for grant of bail, however, he submits that there is no previous criminal antecedent of the applicant.
5. Considered the submissions made by learned counsel for both the parties, perused the case diary and the material available on record.
6. Looking to the facts and circumstances of the case, nature and gravity of offence, period of detention, quantity of seized liquor, without further commenting on merits of the case, I am 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 sum of Rs. 25,000/- with one solvent surety in the like amount to the satisfaction of the concerned trial Court for her appearance before the trial court regularly on each and every date as per direction of the court, unless exempted from appearance.
Certified copy as per rules.
Sd/-
(NK Chandravanshi) JUDGE Pathak/-