Videshi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2294 of 2017 Videshi S/o Ramji Satnami Aged About 21 Years R/o Village Sondh, Police Station Berla, Tehsil Berla, District Bemetara, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Berla, District Bemetara, Chhattisgarh.

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

For Respondent/State Mr. Sumit Jhanwar, PL.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 26/04/2017

1. Heard finally.

2. The applicant has preferred this application for grant of bail as he is arrested on 21-3-2017 in connection with Crime No. 79/2017 registered in PS Berla, Distt. Bemetara CG for offence punishable under Section 354(B) of the IPC

3. Learned counsel for the applicant submits that after investigation, charge sheet has been filed and the case is pending before CJM, Bemetara as Criminal Case no. 389/2017. The applicant is in jail for last 1 months and 5 days till date. He was aged about 21 years at the time of incident. He is the first offender. If granted bail he will not commit any offence in future.

4. Per contra, learned State counsel opposes the bail application. However he fairly conceded that no criminal antecedent of the applicant is reported in the police case diary.

5. Perused the entire material.

6. On due consideration, as the applicant is the first offender with no criminal antecedent and is in jail for last 1 month and 5 days, he is aged about 21 years, and as submitted he will not commit any offence

in future, I am inclined to grant bail to the applicant. 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 CJM, Bemetara 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 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