Asha Bai (In Jail) vs State of Chhattisgarh

Sunil Kumar Sinha, J.—Heard.

This is an application filed u/s 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 370/2005, registered at Police Station (Excise) - Bhilai Nagar, Durg for the offence punishable u/s 34(2) of the Excise Act.

The case of the prosecution is that on a search of the house of the applicant, it was found that there was 30.06 bulk litres of country made liquor in the house.

Learned counsel for the applicant submits that the applicant is not the only inmate of the house. He also submits that a false seizure has been made against her. He further submits that there are no criminal antecedents of this of applicant and she has been falsely implicated in this case. He prays or releasing the applicant on bail.

On the other hand, learned Counsel for the State opposes the pail application.

Considering the facts and circumstances of this case, particularly considering the circumstance that the seizure is said to have been made from one of the rooms in the house of the applicant and the applicant is not the only inmate of the house, I am of the opinion that present is a fit case in which the applicant should be enlarged on bail. Her application is allowed.

Let the applicant be released on bail on her furnishing a personal bond in sum of Rs. 10,000/- with one surety in like amount to the satisfaction of the trial Court for her appearance before the said Court on each date of hearing till the disposal of the trial.

Certified copy as per rules.