Tikesh Kumar Thakur/Netam v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.2829 of 2017 • Tikesh Kumar Thakur/Netam S/o Laxmichand Thakur / Netam, Aged About 28 Years R/o Village Dhamna, Police Station & Post Office Piperchedi, District Gariyaband, Chhattisgarh. ---- Applicant
Versus
• State Of Chhattisgarh Through Station House Officer, Police Station Chhura, District Gariyaband, Chhattisgarh. ---- Respondent For Applicant : Shri Shivendu Pandya, Advocate For Respondent/State : Shri Neeraj Jain, Govt. Advocate Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 17.5.2017 Heard on IA No.01/17 for urgent hearing.
2.
On due consideration, the same is disposed of. 3.
Also heard the matter finally.
4.
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.52/2017 registered in Police Station Chhura, Civil District Raipur for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.
5.
Learned counsel for the applicant submits that the applicant has been arrested on 31.3.2017, 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 country made liquor from the applicant which he was carrying in a motor cycle bearing registration No.CG 04 HL 3091. Police has seized the liquor and the motor cycle. He will not commit any offence in future, as the trial may take sometime for its conclusion, he may be granted bail. 6.
Per contra, learned counsel for the State opposes arguments advanced on behalf of the applicant and would fairly submit that no criminal antecedent is reported against the applicant prior to the incident.
7.
Perused the entire material.
8.
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, and looking to the quantity of liquor so seized from the applicant, I am inclined to grant one opportunity to the applicant, so that he shall not commit any similar or other offence in future.
9.
Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.
10.
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.
11.
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