Radheshyam Thakur @ Radhe Thakur v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2798 of 2017 Radheshyam Thakur @ Radhe Thakur S/o Shri Budhuram Thakur Aged About 30 Years R/o Bada Ashok Nagar, Gudihari, Raipur, DistrictRaipur Chhattisgarh ---- Applicant

Versus

The State Of Chhattisgarh Through : Police Station Mohdapara, Raipur, District- Raipur Chhattisgarh ---- Respondent For applicant Mr. Pragalbh Sharma, Adv.

For Respondent/State Mr. Anant Bajpai, PL Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board /05/2017

1. Heard finally.

2. The applicant has preferred this application for grant of bail as he is arrested on 30-3-2017 in connection with Crime No. 84/2017 registered in PS Mohdapara, Distt. Raipur for offence punishable under Section 34 sub-section (2) of the CG Excise Act, 1915.

3. Learned counsel for the applicant submits that after investigation charge sheet has been filed which is pending before the CJM Raipur as Criminal Case No. 3627/2017. This is his first bail application before this Court. He is 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, 7.800 bulk litre beer has been seized from the conscious possession of the applicant without any licence or permission. Therefore, the applicant may be enlarged on bail.

4. Learned State counsel opposes the bail application on the basis of the quantity of the beer so seized from the applicant.

5. Perused the matter.

6. On due consideration, as the applicant is in jail since 1 month and 21

days, charge sheet has been filed, trial may take some time and as submitted he will not commit any crime in future, 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. 30,000/- with one solvent surety of the like sum to the satisfaction of the CJM Raipur 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