Dileep Bariha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4079 of 2017 • Dileep Bariha son of Basant Bariha Aged About 34 Years OccupationLabor, R/o Village Sirshobha, Thana And Tahsil- Saraipali, District Mahasamud, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through: Station House Officer, Police StationSaraipali, District- Mahasamund, Chhattisgarh ---- Respondent For applicant Mr. Vikas Pradhan, Adv.

For Respondent/State Mr. UKS Chandel, PL Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 17-71. Heard finally.

2. The applicant has preferred this application for grant of bail as he is arrested on 16-5-2017 in connection with Crime No. 155/2017 registered in PS Saraipali, Distt. Mahasamund 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 and the same is pending before the CJM Mahasamund as criminal case No. S-1325/2017 . This is his first bail application before this Court. He is first offender. As per allegation, 6.420 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. However he fairly conceded 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 2 months and 1 day and as submitted he will not commit any crime in future, trial may take some time, 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 Mahasamund 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