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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 3790 of 2024
Shanti Verma W/o Vikas Verma Aged About 25 Years R/o Ganiyari,
Tahsil And P.S. Kota, District Bilaspur (C.G.)
---- Applicant
Versus
The State Of Chhattisgarh Through S.H.O. P.S. Kota, District
Bilaspur (C.G.)
---- Non-Applicant
(Cause-tile taken from the Case Information System)
For Applicant : Mrs. Shital Soni, Advocate.
For Non-Applicant : Mr. Ajay K. Pandey, Government Advocate
Hon'ble Shri Narendra Kumar Vyas, Judge
Order on Board
31.05.2024
The applicant has preferred this First Bail Application under Section
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439 of Cr.P.C. for grant of regular bail, as he has been arrested in
connection with Crime No.0333/2024, registered at Police Station
Kota, District Bilaspur (C.G.) for the offence punishable under Section
34(1)(A), 34(2) and 59(A) of the Chhattisgarh Excise Act.
The case of the prosecution, in brief, is that on 20.04.2024, the basis
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of the secret information, police of P.S. Kota, District Bilaspur
(C.G.) seized 150 bulk litres of mahua liquor valued Rs.15,000/-
from the possession and the case was registered against her.
It has been argued by the learned counsel for the applicant that the
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applicant has been falsely implicated in this case. He submits that the
applicant is in jail since 20.04.2024, though the charge-sheet has
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been filed, but the trial is likely to take some time for its conclusion. He
later submits that the applicant is a lady and sole bread winner of her
family as her husband is physically handicapped and she has a ill
daughter to take care of, therefore, her pretrial long detention will
adversely affect her family members. He further submits that under
Section 34(2) of the Chhattisgarh Excise Act, minimum punishment is
one year and maximum punishment is three years, therefore, he prays
grant of bail.
On the other hand, the learned counsel for the State opposes the bail
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application and submits that though the charge-sheet has already
been filed, total 150 bulk litres of mahua liquor was recovered from
the possession of the applicant, therefore, she is not entitled for grant
of bail.
Taking into consideration the facts and circumstances of the case,
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nature and gravity of allegation levelled against the applicant, quantity
of liquor seized and the fact that the applicant is a lady and sole bread
winner of her family, charge-sheet has been filed and she is in jail
since 20.04.2024 and conclusion of the trial is likely to take some
time, without further commenting on the merits of the case, this Court
inclined to allow this bail application.
Let applicant, Shanti Verma, involved in Crime No.0333/2024,
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registered at Police Station Kota, District Bilaspur (C.G.) for the
offence punishable under Section 34(1)(A), 34(2) and 59(A) of the
Chhattisgarh Excise Act, be released on bail on his furnishing a
bond in the sum of Rs. 25,000/- with two sureties with the
following conditions:-
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(i) The applicant shall file an undertaking to the effect
that he shall not seek any adjournment on the dates
fixed for evidence when the witnesses are present in
court. In case of default of this condition, it shall be open
for the trial court to treat it as abuse of liberty of bail and
pass orders in accordance with law.
(ii) The applicant shall remain present before the trial
court on each date fixed, either personally or through his
counsel. In case of his absence, without sufficient
cause, the trial court may proceed against them under
Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail
during trial and in order to secure his presence
proclamation under Section 82 Cr.P.C. is issued and
the applicant fails to appear before the court on the date
fixed in such proclamation, then, the trial court shall
initiate proceedings against him, in accordance with
law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person,
before the trial court on the dates fixed for (i) opening of
the case, (ii) framing of charge and (iii) recording of
statement under Section 313 Cr.P.C. If in the opinion of
the trial court absence of the applicant is deliberate or
without sufficient cause, then it shall be open for the trial
court to treat such default as abuse of liberty of bail and
proceed against him in accordance with law.
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However, this Court hopes and trusts that the trial Court shall make
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earnest endeavour to conclude the trial as expeditiously as possible, if there
is no legal impediment.
Office is directed to provide a certified copy of this order to the trial
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Court concerned for necessary information and compliance forthwith.
Sd/-
(Narendra Kumar Vyas)
Judge
Manpreet