AI Structured Summary
Not yet generated for this judgment
Judgment
Sharad Kumar Gupta, J
This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending
before any other Court.
The applicant has been arrested in connection with crime No. 147/2018 registered at Police Station - Suhela District - Baloda Bazar - Bhatapara
(C.G.) for the offence punishable under Section 34(2), 36 of the C.G. Excise Act.
Case of the prosecution, in brief is that on 02.08.2018, 112.5 bulk liter foreign liquor has been seized from the applicant.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, therefore, she shall be
released on bail.
On the other hand, learned counsel for the State opposes the bail application. He further submits that 5 other cases have been registered against the
applicant; out of which four were under the Excise Act and one was under Cr.P.C.
Looking to the above facts and circumstances of the case, looking to the huge quantity of the seized foreign liquor, looking to the fact that five other
cases have been registered against the applicant, this Court is not inclined to give benefit of Section 439 Cr.P.C. to the applicant.
Accordingly, the application is rejected.
Certified copy as per rules.