Puran Vishwakarma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1877 of 2017 • Puran Vishwakarma S/o Panna Lal Vishwakarma, Aged About 35 Years R/o Village Pondi, Police Station & Tahsil Balod, District Balod, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station Gurur, District Balod, Chhattisgarh. ---- Respondent For Applicant : Shri Anil Gulati, Advocate For Respondent/State : Shri Arvind Shukla, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 04/4/2017 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.88/2017 registered at Police Station Gurur, District Balod (CG) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3.

Case of the prosecution, in brief, is that 9 bulk liters of duty paid liquor was seized by the police from the present applicant. 4.

Learned counsel for the applicant submits that charge sheet has not been filed. The matter is pending before CJM, Balod. The

applicant has no criminal background and will not commit any similar offence in future and therefore, the applicant may be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application. However, he fairly conceded that there is no other criminal antecedent regarding the applicant for his involvement in the similar offence.

6.

I have heard the counsel appearing for the parties and perused the material.

7.

Without commenting on merits, considering the totality of the facts and circumstances of the case, quantity of liquor and also considering the fact that the applicant is in detention since 27.2.2017, 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 of the likesum to the satisfaction of the CJM, Balod (CG) for his appearance before the said trial Court 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 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 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 sunita