High Court Of ChhattisgarhMCRC/1715/2017allowed

Rakesh Kumar Banjare v. State Of Chhattisgarh

2017-03-28Hon'Ble Shri Justice Chandra Bhushan Bajpai2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1715 of 2017 Rakesh Kumar Banjare S/o Shri Prabhakar Kumar , Aged About 19 Years R/o Vilage- Godkhamhi, Thana & Tahsil- Lormi, Revenue District- Mungeli, Civil - Bilaspur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through, Station House Officer, Police StationLormi, Revenue - District- Mungeli , Civil District- Bilaspur, Chhattisgarh.

---- Respondent For applicant Mr. Sunil Sahu, Adv.

For Respondent/State Mr. Neeraj Kumar Sharma, Dy. GA Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 28/03/2017

1. Heard finally.

2. The applicant has preferred this application for grant of bail as he is arrested in connection with Cr. No. 62/2017 registered in PS Lormi, Distt. Mungeli CG for offence punishable under Section 34(2)(A) and 59(A) of the CG Excise Act.

3. Learned counsel for the applicant submits that as per allegation the applicant was found in illicit possession of about 9 bulk litre of country made liquor. The applicant is the first offender, therefore he may be granted bail.

4. Learned State counsel opposes the bail application.

5. Perused the case diary.

6. On due consideration, I am inclined to allow instant MCRC. Consequently, instant MCRC is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one solvent surety of the like sum to the satisfaction of the Judicial Magistrate First Class, Lormi, CG for his appearance

before the said Court regularly as and when directed by the said Court.

7. It is made clear that this order granting bail to the applicant shall stand cancelled automatically without reference to the bench by the Court below if (i) the trial Court finds that the applicant suppressed filing or pendency of any other application for grant of bail before this court or the Hon'ble Apex Court Court intentionally, (ii) the applicant does not cooperate in the trial; (iii) the applicant is found to be involved in any offence of the like nature: (iv) the trial Court finds that the applicant remains absent without any sufficient and cogent reason. If bail is cancelled automatically in view of above, the Court below may proceed further under the provisions of law under intimation.

8. CC as per rules.

Sd/- (Chandra Bhushan Bajpai) Judge Pathak