Sonmati Maheshwari vs State Of Chhattisgarh
2022 Latest Caselaw 1135 Chatt

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                                                                 NAFR

        HIGH COURT OF CHHATTISGARH, BILASPUR

                        MCRC No. 1985 of 2022

Sonmati Maheshwari W/o Premlal Aged About 67 Years R/o Ward No.
4, Village- Bandhapali, Police Station- Dabhra, District- Janjgir-
Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh

                                                          ---- Applicant

                                 Versus

State Of Chhattisgarh Through- Excise Official, Excise Circle, Dabhra,
District- Janjgir-Champa, Chhattisgarh, District : Janjgir-Champa,
Chhattisgarh

                                                        ---- Respondent

____________________________________________________

For Applicant - Shri Amit Singh Chauhan, Advocate. For Respondent/State - Shri Lalit Jangde, Government Advocate.

Hon'ble Justice Shri N.K. Chandravanshi

Order on Board 03-03-2022

1. Heard.

2. The applicant has preferred the first bail application under Section 439 of the Cr.P.C. for grant of regular bail, as she has been arrested in connection with Crime No.208/2021-22, registered in Excise Circle, Dabhra, District - Janjgir-Champa (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.

3. As per the prosecution story, on 15-02-2022, the applicant has been found in illegal possession of 15 bulk liters of country made liquor (Mahua).

4. Learned counsel for the applicant submits that no seizure has been made from the applicant, she is innocent and she has been falsely implicated in the present case and she is in jail since 15-02-2022. He further submits that she is 67 year old lady. Earlier one criminal case No.531/2021 was registered against the applicant, in which, she has been acquitted vide judgment dated 04-10-2021 passed by the Chief Judicial Magistrate, Janjgir- Champa. Except that, no case has been registered against her, therefore, she may be enlarged on bail.

5. On the other hand, learned State counsel would oppose the bail application filed by the applicant. He further submits that the charge sheet is yet to be filed, hence, she is not entitled to grant bail.

6. I have considered the submissions of both the parties and perused the case diary.

7. Considering the entire facts and circumstances of the case, material available on record, quantity of liquor seized from the possession of applicant and also the period of detention of the applicant, I am inclined to enlarge the applicant on bail.

8. Accordingly, the present bail application is allowed. It is directed that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with one personal bond in the like sum to the satisfaction of the trial Court concerned for her appearance before the concerned Court as and when directed by the said Court, she be released on bail.

SD/-

(N.K.Chandravanshi) Judge

Amardeep