Allowed¶20

Amrika Bai v. State of Chhattisgarh

Chhattisgarh HC19 Jun 2024MCRC/4303/2024

Case brief

AI extract

What is this about?

Chhattisgarh HC bail order 20.06.2024, Justice Ravindra Kumar Agrawal; MCRC 4303/2024; applicant Amrika Bai; bail allowed under S. 34(2) C.G. Excise Act 1915 (Crime 186/2024, PS Sakti); 12 bulk liter country-made liquor seized from baadi of applicant's house; charge-sheet filed; one 2023 antecedent under S. 34(1) cited in opposition; bond Rs. 25,000/- plus one surety; standard bail conditions imposed.

What did the court decide?

Regular bail granted on furnishing a personal bond of Rs. 25,000/- with one surety in the like sum, subject to conditions: no inducement, threat or promise to dissuade any person acquainted with the facts; no act prejudicial to a fair and expeditious trial; appearance before the trial Court on each and every date given till disposal of the trial; and no repetition of the offence. ¶20

Amrika Bai Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant is entitled to be enlarged on regular bail for the offence under Section 34(2) of the C.G. Excise Act, 1915, notwithstanding one criminal antecedent of 2023 under Section 34(1) of the same Act. +1 more

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Court's answer

Weighing the place from which the alleged liquor was seized, that the applicant is a lady and in jail since 24.04.2024, and that final adjudication will take its own time, the Court decided to release the applicant on bail.

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Ratio / Principle

The bail application for grant of regular bail is allowed; the applicant is to be released on furnishing a personal bond of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, subject to the stated conditions.

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Detailed headnote1 paragraphs

Bail granted — High Court of Chhattisgarh, Bilaspur, MCRC No. 4303 of 2024, Order dated 20.06.2024 (Justice Ravindra Kumar Agrawal). First regular-bail application of Amrika Bai, arrested 24.04.2024 in Crime No. 186/2024 of Police Station Sakti, District Sakti, for offence under Section 34(2) of the C.G. Excise Act, 1915, following seizure of 12 bulk liter country made liquor from the kitchen garden (baadi) of her house. Counsel argued the liquor was not found from her exclusive possession; she had been in jail since 24.04.2024 and the charge-sheet had been filed. The State opposed bail citing one criminal antecedent of 2023 registered under Section 34(1) of the same Act. Weighing the place of seizure, that the applicant is a lady, her custody since 24.04.2024 and the time the final adjudication would take, the Court allowed the bail application, directing release on a personal bond of Rs. 25,000/- with one surety in the like sum, subject to conditions against inducement/threat/promise, prejudicial conduct, requiring attendance on every trial date, and prohibiting repetition of the offence.

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4303 of 2024

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Amrika Bai W/o Late Sunil Kumar Satnami, Aged About 38 Years Caste Satnami, R/o Village Harda, Police Station And Tahsil Sakti, District Sakti (C.G.)

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---- Applicant

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Versus

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State of Chhattisgarh Through Police Station Sakti, District Sakti (C.G.)

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	---- Non-applicant
For Applicant	: Mr. Deepak Kumar Singh, Advocate
For Non-applicant	: Mr. Neeraj Sharma, Dy. A.G.

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Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board

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20.06.2024

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Heard.

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This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 24.04.2024 in connection with Crime No. 186/2024 registered at Police Station Sakti, District Sakti, C.G. for the offence under Section 34(2) of the C.G. Excise Act, 1915.

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As per the prosecution case, on 24.04.2024 the applicant was found in possession of 12 bulk liter country made liquor which has been seized from the kitchen garden (baadi) of the house of the applicant. The offence has been registered and she has been arrested.

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Learned counsel for the applicant would submits that the alleged liquor has not been found from her exclusive possession. She is in jail since 24.04.2024, charge-sheet has been filed and the final adjudication will take its own time, therefore, the applicant may be enlarged on bail.

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On the other hand learned counsel for the State opposes. However, she would submits that as per the report available in the case diary there is one criminal antecedent of the applicant which is of the year 2023 which

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has been registered under Section 34(1) of the C.G. Excise Act, 1915. Therefore, she is not entitled for bail.

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I have heard learned counsel for the parties.

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Considering the place from where the alleged liquor is said to have been seized, considering that she is lady and she is in jail since 24.04.2024, the final adjudication of the case will take its own time. I am inclined to release the applicant on bail.

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Consequently, the bail application filed by the applicant for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, on following conditions:-

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(i) The 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 from disclosing such fact to the Court.

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