Suresh Baghel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5069 of 2017 • Suresh Baghel S/o Mahesh Baghel, Aged About 30 Years R/o Village Naya Ravanbhatha Mahasamund, Thana, Tahsil And District Mahasamund (Chhattisgarh).

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Mahasamund, District Mahasamund (Chhattisgarh). ---- Respondent _________________________________________________________ For Applicant : Shri Vikash Pradhan, Advocate.

For Respondent/State : Shri Arvind Shukla, Panel Lawyer.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 28.08.2017 Heard the matter finally.

2.

The applicant have preferred this application for grant of bail as he was arrested on 22/07/2017, in connection with Crime No. 388/2017, registered in Police Station Mahasamund, Distt. Mahasamund (C.G.) for offecnce punishable under Section 34(2) of the Chhattisgarh Excise Act 1915.

3.

Learned counsel for the applicant submits that charge-sheet is not yet filed and the applicant has been remanded by Chief Judicial Magistrate, Mahasamund (C.G.). Learned counsel for the applicant would further submit that the applicant is the first offender and no criminal antecedent has been reported against him. As per the allegation, police had seized 6.30 bulk litre of foreign and country

liquor has been seized. The applicant is the first offender and will not commit any offence in future, as the trial may take some time for its conclusion, he may be enlarged on bail till trial. 4.

Per Contra, learned counsel for the respondent/State opposes the arguments advanced on behalf of the applicant on the basis of quantity of liquor so seized from applicant, though fairly submits that there is no criminal antecedent of the applicant. 5.

Perused the matter.

6.

As the applicant is the first offender, he is in custody for 1 month 6 days till date, charge-sheet is not yet filed, trial may take some time, applicant is the first offender after and no criminal antecedent reported against the applicant. After consideration the entire material, 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 without committing any crime. 7.

Consequently, instant MCRC is allowed.

8.

The applicants are directed to be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one solvent surety of like some amount to the satisfaction of the Chief Judicial Magistrate, Mahasamund (C.G.), for his appearance before the said Court regularly as and when directed by the said Court for their appearance before the said Court regularly as and when directed by the said Court.

9.

It is made clear that this order granting bail to the applicants shall stand cancelled automatically without reference to the bench by the Court below if (i) the trial Court finds that the applicants

suppressed filing or pendency of any other application for grant of bail before this Court or the Hon'ble Apex Court intentionally; (ii) the applicants 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 applicants remains absent without any sufficient and cogent reason.

10.

Certified Copy as per rules.

Sd/- (Chandra Bhushan Bajpai) Judge Deeptijha