Shyama Charan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.4532 of 2017 • Shyama Charan S/o Biselal Satnami, Aged About 24 Years R/o Village Khairi, Police Station Palari, District Baloda Bazar Bhatapara Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Office, Police Station Palari, District Baloda Bazar Bhatapara Chhattisgarh ---- Respondent For Applicant : Shri SK Guha, Advocate For Respondent/State : Shri Wasim Miyan, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 10.8.2017 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.207/2016 registered in Police Station Palari, Distt. Baloda Bazar-Bhatapara(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 12.6.2017, after investigation, concerned police has filed charge sheet, which is pending before Chief Judicial Magistrate, Baloda Bazar. Learned counsel for the applicant is not aware of the criminal case number. As per the

allegation, from the possession of the applicant, 09.00 bulk liters of hand made country liquor has been seized. He is the first offender, he will not commit any offence in future, as the trial may take sometime for its conclusion, 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. 5.

Perused the entire material.

6.

As the applicant is in custody for one month and twenty eight days, charge sheet has been filed, the trial may take sometime for its conclusion, he is the first offender, and also considering the entire facts, I am inclined to give one opportunity to the applicant so that he shall not involve in any other offence in future and shall remain peacefully in the society. 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.30,000/- with one solvent surety of like sum amount to the satisfaction of the Chief Judicial Magistrate, Baloda Bazar-Bhatapara 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