Santosh Thawait v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3026 of 2017 Santosh Thawait S/o Late Shri Firat Thawait Aged About 45 Years R/o Village Katagi, Police Station Kasdol, District- Baloda BazarBhatapara, Chhattisgarh. ---- Applicant
Versus
State Of Chhattisgarh Through: Station House Officer, Police Station Kasdol, District- Balodabazar, Bhatapara Chhattisgarh. ---- Respondent For applicant Mr. S.K. Guha, Adv.
For Respondent/State Mr. Syed Majid Ali, Panel lawyer.
Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 6-61. Heard finally.
2. The applicant has preferred this application for grant of bail as he is arrested on 9-4-2017 in connection with Crime No. 153/2017 registered in PS Kasdol, Distt. Baloda Bajar- Bhatapara for offence punishable under Section 34 sub-section (2) of the CG Excise Act, 1915.
3. Learned counsel for the applicant submits that charge sheet is not filed, the applicant is remanded by the CJM Baloda Bajar. This is his first bail applicant before this Court. He will not commit any offence in future if granted bail. He may be granted bail as the trial may take time. As per allegation, 5.400 bulk litre liquor has been seized from the conscious possession of the applicant without any licence or permission along with one two wheeler TVS Jupitor sold (new vehicle unregistered). Therefore, the applicant may be enlarged on bail.
4. Per contra, learned State counsel opposes the bail application and submits that earlier 22 cases have been registered against the applicant of similar and other nature including preventive proceeding
hence the applicant has long criminal history prior to the present incident hence the bail application may be rejected.
5. Perused the matter.
6. On due consideration, as the applicant is involved earlier in 22 criminal cases including similar nature and also preventive proceeding, I do not find the present case fit for grant of bail.
7. The instant MCRC is dismissed.
Sd/- (Chandra Bhushan Bajpai) Vacation Judge Pathak