Vani Prasad Gond v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.4171 of 2017 • Vani Prasad Gond S/o Keshav Ram Gond, Aged About 21 Years R/o Village Arsitola, Police Station Dongargaon, District Rajnandgaon, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Dongargaon, District Rajnandgaon, Chhattisgarh.

---- Respondent For Applicant : Shri Sumit Shrivastava, Advocate For Respondent/State : Shri Ashok Swarnkar, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 26.7.2017 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.212/2017 registered in Police Station Dongargaon, Distt. Rajnandgaon (CG) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915. 3.

Learned counsel for the applicant submits that the applicant has been arrested on 05.6.2017, after investigation police has filed charge sheet which is pending before Chief Judicial Magistrate, Rajnandgaon as Criminal Case No.2170/17. As per the allegation, 8.100 bulk liters of country made liquor has been seized from the possession of the applicant. The applicant is the

first offender, he will not commit any offence in future, the trial may take sometime for its conclusion, hence he may be granted bail.

4.

Per contra, learned counsel for the State opposes the arguments advanced on behalf of the applicant on the basis of the quantity of liquor so seized from the applicant and also considering the criminal antecedent as Crime No.138/2016 under Section 34(1) of the CG Excise Act was registered against the applicant prior to the incident.

5.

Perused the entire material.

6.

The applicant is in custody for one month and twenty one days, charge sheet has been filed, the trial may take sometime for its conclusion, though earlier one matter as aforementioned was registered against the applicant but the said matter was bailable one and looking to the entire facts and circumstances of the case, I am inclined to grant bail to the applicant. 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 the concerned trial Judge 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