Nagesh Sonkar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4469 of 2017 Nagesh Sonkar S/o Pappu Sonkar, Aged About 20 Years R/o Near Shiv Mandir, Rajatalab, Police Station Civil Lines, Tahsil & District Raipur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Police Station Civil Lines, Raipur, CG. ---- Respondent For applicant Mr. Syed Imtiyaz Ali, Adv.

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

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 9-81. Heard finally.

2. The applicant has preferred this application for grant of bail as he is arrested on 12-6-2017 in connection with Crime No. 395/2017 registered in PS Civil Lines, Raipur (CG) 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, Raipur as criminal case No. 5419/2017. This is his first bail application before this Court. He is first offender. As per allegation, 5.220 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 and submits that earlier Crime No. 390/2017 under Section 294, 323, 506, 34 of the IPC has been registered against the applicant which shows his criminal antecedent hence instant MCRC may be dismissed.

5. Perused the matter.

6. As the applicant is in jail since 1 month and 27 days till date, charge sheet is filed, trial may take some time, though earlier one matter has been registered against the applicant as aforementioned but on consideration of entire facts, 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. 25,000/- with one solvent surety of the like sum to the satisfaction of the CJM, Raipur 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