Bharti Lal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.1701 of 2017 • Bharti Lal S/o Shri Dhani Ram, Aged About 25 Years Caste Dhanuwar, R/o Village Khapridih, Police Station Bhamhanidih, District Janjgir Champa, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Flying Squad Excise Janjgir, District Janjgir Champa, Chhattisgarh.

---- Respondent For Applicant : Shri FS Khare, Advocate For Respondent/State : Shri Neeraj Mehta, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 28.3.2017 Heard the matter finally.

2.

This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No.48/2017 for the offence punishable under Section 34(1)(a), 34(2) & 59(A) of the Chhattisgarh Excise Act.

3.

Case of the prosecution, in brief, is that the applicant was in illicit possession of 15 bulk liters of country made liquor and the same was seized by the police from the present applicant. 4.

Learned counsel for the applicant submits that the applicant is in detention since 01.3.2017. He further submits that applicant

has no criminal background and has been falsely implicated in the case, and therefore, the applicant may be released on bail. 5.

On the other hand, learned counsel for the State opposes the bail application and would fairly submit that as per the case diary, no criminal antecedent is reported against the applicant. 6.

Perused the material.

7.

On due consideration, considering the totality of the facts and circumstances of the case, small quantity of liquor and also considering the fact that the applicant is in detention since 01.3.2017, this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail. 8.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

9.

It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance as and when directed. 10.

It is made clear that this order granting bail to the applicant shall stand cancelled automatically without reference to the Bench by the Cort 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 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; and (iv) the

trial Court finds that the applicant remains absent without any sufficient and cogent reason. If bail is cancelled automatically in view of the above , the Court below may proceed further under the provisions of law, under intimation.

Certified copy as per rules.

Sd/- (Chandra Bhushan Bajpai) JUDGE Bini