Chitlesh Sahu v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4935 of 2017 Chitlesh Sahu S/o Mohan Sahu Aged About 24 Years Caste Teli, R/o Village Bandha- Bazar, Police Station Ambagarh Chowki, Civil And Revenue District- Rajnandgaon, Chhattisgarh ---- Applicant
Versus
State Of Chhattisgarh Through: The Police Station Ambagarh Chowki, Civil And Revenue, District Rajnandgaon, Chhattisgarh ---- Respondent For applicant Mr. Punit Ruparel, Adv.
For Respondent/State Mr. Vasim Miyan, PL Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 22-81. Heard finally.
2. The applicant has preferred this application for grant of bail as he is arrested on 14-7-2017 in connection with Crime No. 142/2017 registered in PS Ambagarh Choki, Distt. Rajnandgaon (CG) for offence punishable under Section 34 sub-section (2) of the CG Excise Act, 1915.
3. Learned counsel for the applicant submits that charge sheet is not yet filed and the applicant is remanded by the CJM Rajnandgaon. This is his first bail application before this Court. He is first offender. As per allegation, 9 bulk litre country liquor along with a motorcycle bearing registration No. CG 08 Z 8692 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 on the basis of quantity of the liquor so seized from the applicant. However he fairly conceded that no criminal antecedent of the applicant is
reported by the police in the case diary.
5. Perused the matter.
6. On due consideration, as the applicant is the first offender, he is in jail since 2 months and 8 daysm he is aged about 24 years, charge sheet is not yet filed, trial may take some time, as submitted he will not commit any crime in future and 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. 40,000/- with one solvent surety of the like sum to the satisfaction of the CJM Ambagarh Chowki, Distt. Rajnandgaon 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