Dindyal Gendre v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.4707 of 2017 • Dindyal Gendre S/o Shri Sankat Chandra Gendre, Aged About 38 Years R/o Village Lanza, Police Station Kharora, Tahsil And District Raipur, Chhattisgarh.
---- Applicant
Versus
• State Of Chhattisgarh Through: Police Station Kharora, DistrictRaipur, Chhattisgarh. ---- Respondent For Applicant : Smt. Smita Jha, Advocate For Respondent/State : Shri Arvind Shukla, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 17.8.2017 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.184/2017 registered in Police Station Kharora Distt. Raipur (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 26.6.2017, charge sheet is not yet filed and the applicant has been remanded by Judicial Magistrate First Class, Raipur. As per the allegation, from the possession of the applicant 5.760 bulk liter country made liquor along with motor cycle bearing registration No.CG 04 HP 4818 has been seized.
Learned counsel for the applicant submits that the applicant is the first offender, he will not commit any offence in future, as the trial may take some time for its conclusion, he may be granted bail during trial.
4.
Per contra, learned counsel for the State opposed the arguments advanced on behalf of the applicant but fairly submits that there is no criminal antecedent reported against the applicant. 5.
Perused the entire material.
6.
The applicant is in jail for one month and twenty one days, charge sheet is not yet filed, trial may take some time for its conclusion, upon considering the entire facts, I am inclined to grant one opportunity to the applicant so that he will not commit any 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.25,000/- with one solvent surety of like sum amount to the satisfaction of Judicial Magistrate First Class, Raipur 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 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; 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