Vinod Kumar Kashyap v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3733 of 2017 Vinod Kumar Kashyap S/o Jaipal Kashyap, Aged About 35 Years R/o Village Katnai, Police Station & Tahsil Akaltara, Janjgir Champa, CG. ---- Applicant

Versus

State Of Chhattisgarh Through S.H.O. Akaltara, Janjgir Champa, CG. ---- Respondent For applicant Mr. Ravindra Sharma, Adv.

For Respondent/State Mr. Vinod Tekam, Panel Lawyer.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 22-61. Heard finally.

2. The applicant has preferred this application for grant of bail as he is arrested on 30-4-2017 in connection with Crime No. 82/2017 registered in PS Akaltara, Distt. Janjgir Champa (CG) for offence punishable under Section 34 sub-section (2) of the CG Excise Act, 1915.

3. Learned counsel for the applicant submits that charge sheet has not been filed and the applicant is remanded by the CJM Janjgir. This is his first bail application before this Court. He is first offender. As per allegation, 30.600 bulk litre country liquor has been seized from the conscious possession of the applicant without any licence or permission. He will not commit any offence in future if granted bail. He may be granted bail as the trial may take time.

4. Per contra, learned State counsel opposes the bail application on the basis of quantity of the liquor so seized. However he fairly concedes that no criminal antecedent of the applicant is reported by the police in the case diary.

5. Perused the matter.

6. On due consideration, as the applicant is the first offender, he is in jail since 1 month and 23 days, though quantity of the liquor so seized is on higher side but 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. 50,000/- with two solvent sureties each of Rs. 25,000/- to the satisfaction of the CJM Janjgir 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