Ruppal Yadav v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.3649 of 2017 • Ruppal Yadav S/o Shri Kartik Ram Yadav Aged About 27 Years R/o Ram Kapri Khurd Chawki Chilphi, Police Station Lormi, Tahsil Lormi, District Mungeli, Chhattisgarh. ---- Applicant
Versus
• State Of Chhattisgarh Through S.H.O. Lormi Mungeli, District Mungeli, Chhattisgarh.
---- Respondent For Applicant : Shri Dheerendra Pandey, Advocate For Respondent/State : Shri Ashok Swarnkar, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 28.6.2017 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.107/2017 registered in Police Station Lormi, Civil District Mungeli (CG) 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 18.4.2017, after investigation, concerned police has filed charge sheet against the present applicant, which is pending as Criminal Case No.107/17 before Judicial Magistrate First Class, Lormi. As per the allegation, 18.200 bulk liters of country made liquor has been seized from the possession of the present
applicant. The applicant will not commit any offence in future, hence, he may be granted bail.
4.
Per contra , learned counsel for the State opposes the bail application on the basis of quantity of liquor so seized from the applicant, but fairly submits that there is no criminal antecedent reported against the applicant.
5.
Perused the entire material.
6.
As the applicant is in jail for two month ten days, charge sheet has been filed, the trial may take sometime, though the quantity of liquor so seized is on higher side, but looking to other facts and circumstances, I am inclined to grant one 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.40,000/- with one solvent surety of like sum amount to the satisfaction of Judicial Magistrate First Class, Lormi 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