Rajkumar Verma v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2680 of 2017

1. Rajkumar Verma S/o Sewaram Verma, Aged About 41 Years, R/o Village Ravaan Police Station & Tehsil Balodabazar District ( Revenue & Civil ) Balodabazar Chhattisgarh ---- Applicant

Versus

1. State of Chhattisgarh Through Police Station City Kotwali Balodabazar District ( Revenue & Civil ) Balodabazar Bhatapara Chhattisgarh ---- Non-applicant For Applicant - Shri Sumit Jhanwar, Advocate. For Non-applicant/State - Shri Wasim Miyan, Panel Lawyer. Hon'ble Shri Justice Chandra Bhushan Bajpai Order on Board 11-05-2017 1.

Heard the matter finally.

2.

Learned counsel for the applicant would submit that the applicant held arrested in connection with Crime No.141/2017 on 07-4-2017 by P.S. City Kotwali Balodabazar Distt. Balodabazar-Bhatapara, C.G. for the offence under Section 34(2) of the C.G. Excise Act, 1915. Charge sheet has not yet been filed, the applicant is remanded by the CJM Raipur, C.G. The applicant is first offender. This is the first bail application. As per the allegation, police had seized 6.120 bulk liter country liquor from the applicant. He will not commit any similar offence in future. He may be granted bail during trial. 3.

Per contra, learned counsel for the non-applicant/State opposed the argument advanced on behalf of the applicant, though fairly conceded that police had not noticed any earlier criminal antecedent of the applicant. 4.

Perused the entire material.

5.

As the applicant is in jail since one month and 4 days, he is first offender, charge sheet has not yet been filed, trial may take some time and looking to the quantity of liquor so seized, I am inclined to grant one opportunity to the applicant so that he shall not involve in any offence and shall

-2remain peacefully in society. Consequently, the instant MCRC is hereby allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.25000/- with one solvent surety of the like sum to the satisfaction of the Chief Judicial Magistrate Balodabazar, C.G. for his appearance before the said trial Court as and when directed till trial. 6.

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 above, the Court below may proceed further under the provisions of law under intimation. 7.

Certified copy as per rules.

Sd/- (Chandra Bhushan Bajpai) JUDGE Aadil