Ranjeet Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2801 of 2017 Ranjeet Yadav S/o Late Ramanand Yadav, Aged About 35 Years R/o Pendri, Ward No. 22, Thana- Lalbag, District- Rajnandgaon, CG, At Present R/o Bihar Patna Dhaba, Kohka Tahana- Dongargaon, DistrictRajnandgaon, CG. ---- Applicant

Versus

State of Chhattisgarh Through - Thana Dongargaon, DistrictRajnandgaon, CG. ---- Respondent For applicant Mr. Samir Singh, Adv.

For Respondent/State Mr. Vasim Miyan, PL.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 17/05/2017

1. Heard finally.

2. The applicant has preferred this application for grant of bail as he is arrested on 10-4-2017 in connection with Crime No. 133/2017 registered in PS Dongargarh, Distt. Rajnandgaon (CG) for offence punishable under Section 34 sub-section (2) of the CG Excise Act, 1915.

3. Learned counsel for the applicant submits that charge sheet is not filed, the applicant is remanded by the CJM, Rajnandgaon. He is the first offender. He will not commit any offence in future if granted bail. He may be granted bail as the trial may take time. As per allegation, 14.400 bulk litre foreign liquor has been seized from the conscious possession of the applicant without any licence or permission. Therefore, the applicant may be enlarged on bail.

4. Per contra learned State counsel opposes the bail application and submits that earlier Crime No. 266/2015 under Section 34(1)(a) of the CG Excise Act, 1915 has been registered against him which shows the conduct of the applicant.

5. Perused the matter.

6. On due consideration, as the applicant is in jail for last 1 month and 7 days, charge sheet is not yet filed, trial may take some time and as submitted he will not commit any crime in future, though a case was registered against the applicant but it was for liquor below 5 bulk litre, I am inclined to grant one opportunity to the applicant to live peacefully in the society without committing any crime. 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. 40,000/- with one solvent surety of the like sum to the satisfaction of the CJM, Rajnandgaon 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