The High Court of Chhattisgarh allowed bail for Jamna Bhardwaj under Section 439 Cr.P.C. for illicit liquor possession, directing a personal bond of Rs. 25,000 with one surety. The application for her husband was dismissed as withdrawn.
Released on bail on execution of a personal bond for Rs. 25,000/- with one surety of the like sum.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 4763 of 2023
---- Applicants
Versus
---- Non-applicant
For Applicants : Mr. Kishore Narayan, Advocate. For State/Non-applicant : Mr. G. P. Kurre, P.L.
Hon'ble Shri Justice N. K. Chandravanshi
Order on Board
05.10.2023
1. At the outset, learned counsel for the applicants submits that he does not want to press the bail application in respect of the applicant No.1 (Banshi Bhardwaj).
2. Prayer is allowed.
3. In view of the above, the bail application in respect of the applicant No.1 (Banshi Bhardwaj) is dismissed as withdrawn.
4. The applicant No.2 (Jamna Bhardwaj) has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail, as she was
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arrested on 10.06.2023 in connection with Crime No.305/2023, registered at Police Station Police outpost Bhanwarpur Police Station Basna, District Mahasamund (C.G.) for the offence punishable under Sections 34 (2) of the Chhattisgarh Excise Act, 1915.
5. Case of the prosecution is that, the allegations levelled against the applicant No.2 (Jamna Bhardwaj) is that on 10.06.2023 present applicant No.2 (Jamna Bhardwaj) and the co-accused (Banshi Bhardwaj) was caught by police, as they were found in possession of illicit liquor 40 litres, which was seized from the joint possession of the applicant No.2 (Jamna Bhardwaj) and co-accused (Banshi Bhardwaj) from the courtyard of their house. Based on the above facts, the present case has been registered against the present applicant No.2 (Jamna Bhardwaj) and co-accused (Banshi Bhardwaj).
6. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the crime in question. He further submits that seizure memo has falsely been prepared. It is further submitted that applicant is in jail since 10.06.2023 and it is a first criminal antecedent, which has been registered against the applicant No.2 (Jamna Bhardwaj). Hence, she may be enlarged on bail.
7. On the other hand, learned counsel for the State opposes the bail application filed by the applicant No.2 (Jamna
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Bhardwaj). However, on being enquired by the State counsel, there is no criminal antecedent against the applicant No.2 (Jamna Bhardwaj), except the present one.
8. I have heard learned counsel for the parties and perused the case diary carefully.
9. Having regard to the facts and circumstances of the case, particularly considering the detention period of the applicant No.2 (Jamna Bhardwaj) and also considering the fact that there is no criminal antecedent registered against the applicant No.2 (Jamna Bhardwaj), except the present one, I am inclined to release the applicant No.2 (Jamna Bhardwaj) on bail. Therefore, the application filed by applicant No.2 (Jamna Bhardwaj) under Section 439 of the Cr.P.C. is allowed.
10. It is directed that in the event of the applicant No.2 (Jamna Bhardwaj) executing a personal bond for a sum of Rs.25,000/- with one surety of the like sum to the satisfaction of the concerned trial Court for her appearance before the concerned Court on each hearing, she be released on bail.
Certified copy as per rules.
Deepti Jha
2 issues framed by the court
Whether bail can be granted to the appellant in the offence of illicit liquor possession under the Chhattisgarh Excise Act, 1915.
Whether the appellant, having no prior criminal antecedents, should be released on bail.
2 provisions across 2 enactments
Banshi Bhardwaj
Jamna Bhardwaj
State Of Chhattisgarh
N. K. Chandravanshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
