Ramesh Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.1981 of 2017 • Ramesh Sahu S/o Chunnu Lal Sahu, Aged About 36 Years R/o Ward No. 8, Govt. Hospital Kharora, Police Station Kharora, District Raipur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Arang, District Raipur, Chhattisgarh. ---- Respondent For Applicant : Shri Anil Singh Rajput, Advocate For Respondent/State : Shri Neeraj Mehta, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 11.4.2017 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.111/2017 registered in Police Station Arang, Distt. Raipur for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

3.

Learned counsel for the applicant submits that the applicant has been arrested on 26.02.2017 and after investigation, police has filed charge sheet before the Judicial Magistrate First Class, Raipur and the case was registered as Criminal Case No.2606/2017. As per the allegation, he was in joint conscious possession 12.600 liters of foreign liquor. He is the first offender,

he has been falsely implicated in the case, therefore, the applicant may be released on bail.

4.

Per contra, learned counsel for the State opposed the arguments advanced and would fairly submits that there is no criminal antecedent reported against the present applicant. 5.

Perused the entire material.

6.

On due consideration of the fact that the applicant is in jail since about a month and also considering the fact that there is no criminal antecedent against the applicant, I am inclined to grant bail to the applicant.

7.

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

8.

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 Judicial Magistrate First Class, Raipur for his appearance before the said Court as and when directed.

9.

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