Allowed

Sitabai v. State of Chhattisgarh

Chhattisgarh HC24 Jan 2022MCRC/664/2022

Case brief

AI extract

What is this about?

High Court of Chhattisgarh allowed the applicant's First bail application under Section 439 CrPC. The court, noting the availability of a case diary, no criminal antecedents, and the offence being triable by a Judicial Magistrate First Class, inclined to grant bail without commenting on merits, directing release to furnish a bond.

What did the court decide?

Regular bail granted; release on furnishing a bail bond of Rs.25,000/- with one surety.

Sitabai Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 664 of 2022

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Sitabai W/o Lalji Kothari Aged About 32 Years R/o Village- Bamhantara, P.S. Taregaon, Tahsil- Bodla, District- Kabirdham (C.G.).

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---- Applicant

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Versus

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State of Chhattisgarh Through- Excise Circle Bodla, District- Kabirdham (C.G.). --- Respondent

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For Applicant : Mr. Devesh G Khela, Advocate. For State : Mr. Alok Nigam, GA.

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Hon'ble Shri Justice Parth Prateem Sahu Order on Board

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24/01/2022

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Learned counsel for applicant submits that in this case offence under Sections 34(1)(A), 34(2), 59(A) of CG Excise Act is registered by Excise Circle Bodla, District Kabirdham, CG. There is only one accused person in crime registered by Excise Circle.

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Upon verification, Registry of this Court informed that one crime No.117/2021 is registered by Excise Circle Bodla, Distt Kabirdham, (CG), which is the offence registered under NDPS Act.

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Learned State Counsel submits that case diary is available and in this case there is only one accused person ie present applicant.

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In view of above, defect pointed out by Registry is overruled.

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Heard.

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Admit.

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As case diary is available, with the consent of the parties, matter is heard finally.

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This First bail application is filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to applicant, who has been arrested in connection with Crime No.117/2021, registered at Excise Circle Bodla, DistrictKabirdham (C.G.). for commission of offence punishable under Sections 34(1) (A), 34(2), 59(A) of CG Excise Act.

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Case of prosecution is that on 04.01.2022 official of Excise Department upon receiving secret information of applicant in possession of liquor in her house, reached to her house, during search, seized 25 bulk litres of handmade mahua liquor from house of applicant. Based on seizure of liquor, applicant was arrested in aforementioned crime.

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10.Learned counsel for applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. Alleged seizure of liquor was from residential accommodation of applicant where other members are also residing, hence, applicant cannot be said to be in exclusive and conscious possession of illicit liquor. There is no any other criminal antecedents against applicant. He is in jail since 04.01.2022. Offence is triable by Judicial Magistrate First Class, conclusion of trial may take some time. Hence, applicant may be released on bail.

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Learned State Counsel opposes submissions of learned counsel for applicant and submits that during search, 25 bulk litres of handmade mahua liquor was seized from residential house of applicant, hence, he is not entitle for grant of regular bail. However on putting specific query to State Counsel with regard to criminal antecedent against applicant, after going through case diary, he submits that no other criminal antecedents is mentioned against applicant in case diary,

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12.Heard learned counsel for the parties.

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13.Considering entire facts and circumstances of case, nature of allegation, submissions of learned counsel for parties that there is no any other criminal antecedents against applicant, offence to be triable by JMFC, without commenting anything on merits of the case, I am inclined to allow this application.

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14.Accordingly, bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions

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that-

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a) Applicant shall appear before Trial Court regularly on each and every date, unless exempted from appearance.

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b) Applicant shall not, in any manner, tamper with the prosecution witnesses.

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c) If applicant is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail. Certified copy as per rules.

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Sd/-

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(Parth Prateem Sahu) Judge

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Jamal/-

Sitabai v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Sitabai v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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