Premlal Sinha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.4216 of 2017 • Premlal Sinha S/o Damrulal Sinha, Aged About 60 Years R/o Village Bharregaon, Occupation- Agriculturist, Police Station Lalbag, Tahsil & District Rajnandgaon, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Somni, District Rajnandgaon, Chhattisgarh. ---- Respondent For Applicant : Shri Roop Naik, Advocate For Respondent/State : Shri Vinod Tekam, 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.80/2017 registered in Police Station Somni, 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 02.6.2017, charge sheet is not yet filed, the applicant has been remanded by Chief Judicial Magistrate, Rajnandgaon. Learned counsel for the applicant submits that another co-accused Omkar Patel has not preferred any bail application for his release and another co-accused Khem Lal

Sinha, a juvenile, has been released on bail by the Juvenile Justice Board, Rajnandgaon. As per the allegation, 06.00 bulk liters of country made liquor has been seized from the possession of the applicant. He 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 but fairly submits that there is no criminal antecedent reported against the applicant prior to the incident.

5.

Perused the entire material.

6.

The applicant is in custody for one month and twenty four days, charge sheet is not yet filed, the trial may take sometime for its conclusion and considering 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.25,000/- 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