Allowed

Smt. Geeta Singh v. State of Chhattisgarh

Chhattisgarh HC4 Sept 2020MCRC/5360/2020

Case brief

AI extract

What is this about?

High Court of Chhattisgarh allowed regular bail application under Section 439 CrPC filed by applicant arrested for possessing illicit liquor. Court considered first offence nature, no prior record, and permissible conditions for release including personal bond.

What did the court decide?

Bail application allowed; applicant released on bail on furnishing personal bond of ₹25,000 with one surety subject to compliance of conditions.

Smt. Geeta Singh Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2020)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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M.Cr.C.No.5360 of 2020

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Smt.Geeta Singh W/o Shukhram Aged about 28 years, by Caste Kawar R/o Village Rajpuri, P.S. Lakhanpur, Tahsil Lakhanpur, Dist-Surguja (CG)

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---Applicant

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Versus

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State of Chhattisgarh Through P.S. Excise Circle Lakhanpur, Distt. Surguja (CG)

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---Non-applicant

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For Applicant : Mr.Dev Ashish Biswas, Advocate For Non-applicant : Dr.Veena Nair, Dy.A.G.

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Hon’ble Shri Justice Sanjay K. Agrawal Order on Board

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4/9/2020

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Proceedings of this matter have been taken up through video conferencing.

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2. This is an 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.08 of 2020, registered at Police Station-Excise Circle-Lakhanpur, District-Surguja (CG), for the offence punishable under Sections 34(1) (A), 34(2) and 59A of the Chhattisgarh Excise Act.

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3. Case of the prosecution, in brief, is that, 13 bulk liters of illicit liquor was seized by the police from the present applicant.

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4. Learned counsel for the applicant submits that the applicant has not committed any offence and she has falsely been implicated in crime in question. She is in custody since 12.7.2020.

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On the other hand, learned counsel for the State opposes the bail application.

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I have heard counsel appearing for the parties and perused the case diary.

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7. Taking into consideration the condition incorporated in Section 59-A(ii) of the C.G. Excise Act, 1915, and bearing in mind the principles of law laid down in the matter of Banti Singh v. State of Chhattisgarh 1 , if the facts of present case are examined, it is apparent that there is no criminal antecedent of the present applicant and only 13 bulk liters of illicit liquor has been seized from her which is more than prescribed limit of 5 bulk liters, but looking to the fact that it is first offence of the applicant and she is in custody from 12.7.2020 and case is triable by the Judicial Magistrate First Class and trial is likely to take some more time and further taking into account the nature and gravity of offence and plea raised by the applicant that she has falsely been implicated in case, I am of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail.

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8. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that on furnishing a personal bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the concerned Court for her appearance as and when directed, the applicant shall be released on bail, subject to following conditions:

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That, the applicant shall furnish a specific

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1 2015(2) C.G.L.J. 341

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undertaking that while on bail, she will not commit any excise offence, otherwise bail granted to her shall be liable to be cancelled and shall co-operate the prosecution during trial.  That, the accused/applicant shall make herself available for interrogation before the concerned Investigating Officer as and when required and the accused/applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer.

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 That, the accused/applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial.

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9. It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnished in view of the order passed by the High Power Committee constituted in compliance of the order of the Supreme Court of India dated 23.3.2020 in the matter of In Re : Contagion of COVID 19 Virus in Prisons (Suo Motu Writ Petition (C) No.1/2020), she need not furnish bail bonds afresh and the bail bonds already furnished shall be deemed to be the bail bonds furnished in compliance of the order of this Court, but if she has not furnished bail bonds earlier, then she will be required to furnish bail bonds.

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Sd/-

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(Sanjay K. Agrawal) JUDGE

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B/-

Smt. Geeta Singh v. State of Chhattisgarh

Case brief

What is this about?

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Smt. Geeta Singh v. State of Chhattisgarh

Case brief

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