Vidhya @ Vidhya Prakash v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2796 of 2017

1. Vidhya @ Vidhya Prakash S/o Jagatram Dhritlahre, Aged About 27 Years, R/o Village-Kosmandi, Police Station -Pallari, Tehsil- Pallari, District (Revenue & Civil)- Balodabazar Chhattisgarh ---- Applicant

Versus

1. State of Chhattisgarh Through: Police Station-Pallari, District- (Revenue & Civil)- Balodabazar-Bhatapara Chhattisgarh ---- Non-applicant For Applicant - Shri Sumit Jhanwar, Advocate. For Non-applicant/State - Shri Vinod Tekam, Panel Lawyer. Hon'ble Shri Justice Chandra Bhushan Bajpai Order on Board 16-05-2017 1.

Heard the matter finally.

2.

Learned counsel for the applicant would submit that the applicant held arrested in connection with Crime No.142/17 on 06-04-2017 by P.S. Pallari, District Balodabazar-Bhatapara, C.G. for the offence under 34(2) of the C.G. Excise Act, 1915. Charge sheet has not yet been filed, the applicant is remanded by the CJM Balodabazar, C.G. The applicant is first offender. This is the first bail application. As per the allegation, 10.620 bulk liter country liquor/foreign liquor has been seized from the house of the applicant. He will not commit any offence in future. He may be enlarged on bail during trial as the trial may take some time.

3.

Per contra, learned counsel for the non-applicant/State opposed the argument advanced on behalf of the applicant though fairly conceded that there is no any earlier criminal antecedent of the applicant. 4.

Perused the matter.

5.

On due consideration, as the applicant is in jail since one month and 10 days, charge sheet has not yet been filed, the applicant is first offender, no earlier criminal antecedent of the applicant is reported and as submitted he will

-2not involve in any offence in future, on due consideration of the quantity of liquor so seized from the applicant, I am inclined to grant one opportunity to the applicant so that he shall not involve himself in any crime and shall remain 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.30,000/- 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 by the trial Court. 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