Kedarnath Sahu v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5183 of 2017 • Kedarnath Sahu S/o Bharat Lal Sahu, aged about 24 years, R/o Village Panduka, Police Station Panduka, District - Gariyaband, Chhattisgarh.
---- Applicant
Versus
• State Of Chhattisgarh Through Station House Officer, Police Station Rajim, District Gariyaband, Chhattisgarh. ---- Non-applicant _________________________________________________________ For Applicant : Shri Krishna Kumar Dewangan, Advocate.
For Respondent/State : Shri Sumit Jhawar, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 29.08.2017 1.
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. 135/2017 registered in Police Station Rajim, Distt. Gariyaband (C.G.) 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 12.07.2017. Charge-sheet is not yet filed, the applicant has been remanded by Chief Judicial Magistrate Gariyaband, (C.G.). As per allegation, 5.325 bulk liters of handmade country liquor / foreign liquor has been seized from the possession of the applicant. He is the first offender, he will not commit any offence in future, as the trail 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 though fairly considered 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 Seventeen days till date, charge sheet is not yet filed, he is the first offender, the trial may take some time for its conclusion, on consideration of 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
Chief Judicial Magistrate Gariyaband, Chhattisgarh, 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 trail; (iii) the applicant is found to be involved in any offence of the like nature; (iv) the trail 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.
10.
Certified Copy as per rules.
Sd/- (Chandra Bhushan Bajpai) Judge Pawan