Tukeshwar Lahre v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.4803 of 2017 • Tukeshwar Lahre S/o Mangaldas Lahre Aged About 28 Years R/o Village Hedaspali, Chowki Bhavarpur Police Station Basna, District Mahasamund Chhattisgarh.
---- Applicant
Versus
• State Of Chhattisgarh Through Station House Officer, Police Station (Chowki-Bhavarpur) Basna, District Mahasamund Chhattisgarh.
---- Respondent For Applicant : Shri Vikash Pradhan, Advocate For Respondent/State : Shri UKS Chandel, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 21.8.2017 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.289/2017 registered in Outpost Bhavarpur, Police Station Basna Distt. Mahasamund for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.
3.
Learned counsel for the applicant submits that the applicant has been arrested on 06.7.2017, charge sheet is not yet filed, the applicant has been remanded by Chief Judicial Magistrate, Mahasamund. As per the allegation, from the possession of applicant, 10.00 bulk liters of handmade country liquor has been
seized. 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.
4.
Per contra, learned counsel for the State opposed the arguments advanced on behalf of the applicant on the basis of the huge 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.
The applicant is in custody for one month and fifteen days, charge sheet is not yet filed, the trial may take some time for its conclusion, he is the first offender, though the quantity of liquor so seized is on higher side, but considering the other 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.50,000/- with two separate solvent sureties of Rs. 25,000/- to the satisfaction of Chief Judicial Magistrate, Mahasamund 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