Dhanraj v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5087 of 2017 Dhanraj S/o Gulab Singh Juresiya, Aged About 35 Years R/o Village Hitkasa, Thana Ambagarh Chauki, District Rajnandgaon, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Thana Ambagarh Chauki, District Rajnandgaon, Chhattisgarh ---- Respondent For applicant Mr. Sameer Singh, Adv.

For Respondent/State Mr. Arvind Shukla, PL Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 28-81. Heard finally.

2. The applicant has preferred this application for grant of bail as he is arrested on 22-7-2017 in connection with Crime No. 157/2017 registered in PS Ambagarh Chauki, Distt. Rajnandgaon (CG) for offence punishable under Section 34 subsection (2) of the CG Excise Act, 1915.

3. Learned counsel for the applicant submits that charge sheet is not yet filed, the applicant is remanded by the CJM Rajnandgaon. This is his first bail application before this Court. He is first offender. As per allegation, 12 bulk litre hand made country liquor has been seized from the conscious possession of the applicant. 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 the 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. As the applicant is the first offender, he is in jail since 1 month and 6 days till date, charge sheet has not been filed, trial may take some time, and as submitted he will not commit any crime in future and considering entire facts of the case, 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. 50,000/- with two solvent sureties each of Rs. 25,000/- to the satisfaction of the trial Court/remand court as the case may be, 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. The applicant is further directed to appear before the concerned SHO/IO/in-charge of the Police Station Ambagarh Chauki, Distt. Rajnandgaon on every 1st and 3rd Monday at 11 am positively till trial. If the applicant fails to do

so, concerned police may intimate the trial Court and if the trial Court hold that the applicant remains absent without any cogent and proper reason as directed, the bail granted to applicant shall stand cancelled by the trial Court without further reference to the bench under intimation. If bail is cancelled automatically in view of above, the Court below may proceed further under the provisions of law under intimation.

8. Registrar (Judicial) is directed to send a copy of this order to the concerned trial Judge and also to provide a copy of the order to the non-applicant/State for placing it with the case diary to be returned to the concerned police for compliance and information.

9. CC as per rules.

Sd/- (Chandra Bhushan Bajpai) Judge Pathak