Girish Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.2779 of 2017 • Girish Gupta S/o Gopal Prasad Gupta, Aged About 35 Years R/o Village Dhurwagudi, Police Station & Post Office Amlipadar, District Gariyaband Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Amlipadar, District Gariyaband Chhattisgarh ---- Respondent For Applicant : Shri Shivendu Pandya, Advocate For Respondent/State : Shri Arvind Shukla, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 16.5.2017 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.28/2017 registered in Police Station Amlipadar, Distt. Gariyaband, for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3.

Learned counsel for the applicant submits that the applicant has been arrested on 30.3.2017, charge sheet is not yet filed and the applicant has been remanded by the Chief Judicial Magistrate, Gariyaband. The applicant is the first offender, as per the allegation, police has seized 7.200 bulk liters of foreign liquor from the conscious possession of the applicant, he will not commit any

offence in future, as the trial may take sometime for its conclusion, he may be granted bail.

4.

Per contra, learned counsel for the State opposes arguments advanced on behalf of the applicants and would submit that earlier Crime No.56/16 under Section 34(1)(a) of the CG Excise Act and Crime No.40/15 under Section 36(C) of the CG Excise Act have been registered against the applicant, which shows his earlier conduct.

5.

Perused the entire material.

6.

On due consideration of the fact that the applicant is in jail for one month and eighteen days, charge sheet is not yet filed, the trial may take sometime for its conclusion, though earlier two aforementioned matters are pending, on due consideration of the quantity of liquor so seized in the present matter and other facts, I am inclined to grant one last opportunity to the applicant, so that he shall not commit any similar or other offence in future. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

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 solvent surety of like sum to the satisfaction of Chief Judicial Magistrate, Gariyaband for his appearance before the said Court as and when directed.

9.

It is made clear that this order granting bail to the applicant shall stand cancelled automatically without reference to the Bench by the Cort 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 Bini