Krantilal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2360 of 2017 • Krantilal S/o Daduram Chouhan, Aged About 30 Years R/o Village Girsa, Police Station Sarsiwa, District- Baloda BazarBhatapara, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Throhg : The Station House Officer, Police Station Sarsiwa, District Baloda Bazar Batapara, Chhattisgaarh. ---- Respondent For Applicant : Shri SK Guha, Advocate For Respondent/State : Shri Vinod Temkam, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 01.05.2017 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.76/2017 registered at Police Station Sarsiwa, Distt. Baloda Bazar Bhatapara(CG) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3.

Case of the prosecution, in brief, is that 17.280 bulk liters of country made liquor was seized by the police from the present applicant.

4.

Learned counsel for the applicant submits that the applicant is in detention since 28.3.2017 and yet charge sheet has not been

filed. The applicant is remanded by CJM Baloda Bazar, Bhatapara. 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. However, he fairly conceded that there is no material against the applicant for involvement in the offence. 6.

I have heard the counsel appearing for the parties. 7.

Without commenting on merits, 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 28.3.2017, 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.30,000/- with one surety in the like sum to the satisfaction of the C.J.M. Baloda Bazar, Bhatapara 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