Smt. Veero Sahu v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5205 of 2017 • Smt. Veero Sahu W/o Shri Aajay Sahu, Aged About 26 Years, R/o Subhash Nagar Dewarpar, Telibandha Police Station Telibandha, District Raipur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through, Station House Officer, Police Station Telibandha, District- Raipur, Chhattisgarh.

---- Non-applicant For Applicant - Shri Wasim Miyan, Advocate.

For Non-applicant/State - Shri U.K.S.Chandel, Panel Lawyer. Hon'ble Shri Justice Chandra Bhushan Bajpai Order on Board 29-08-2017 1.

Heard the matter finally.

2.

Learned counsel for the applicant would submit that the applicant held arrested in connection with Crime No.296/2017 on 23-7-2017 by P.S. Telibandha, District- Raipur, Chhattisgarh for the offence under Section 34(2) of the C.G. Excise Act, 1915. Charge sheet has yet not been filed, the applicant is remanded by the CJM Raipur. Learned counsel for the applicant would further submit that the applicant is a woman, aged about 26 years, she is first offender, she had no criminal antecedent and as per the allegation, from the applicant 5.400 bulk liter country liquor has been seized. She will not commit any offence in future. She may be granted bail during trial. 3.

Per contra, learned counsel for the non-applicant/State opposed the argument advanced on behalf of the applicant, though fairly conceded that the applicant had no criminal antecedent prior to the incident. 4.

Perused the entire material.

5.

As the applicant is in custody since 1 month and 6 days till date, charge

-2sheet has not been filed yet, trial may take some time, the applicant is a woman, aged about 26 years, she is first offender with no criminal antecedent, after consideration of the entire facts, I am inclined to grant one opportunity to the applicant so that she shall not involve herself in any offence and shall live peacefully in society. Consequently, the instant MCRC is hereby allowed. The applicant is directed to be released on bail on her furnishing a personal bond in the sum of Rs.25,000/- with one solvent surety of the like sum to the satisfaction of the Chief Judicial Magistrate Raipur, C.G. for her appearance before the said Court as and when directed till trial. 6.

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; 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 above, the Court below may proceed further under the provisions of law under intimation. 7.

Certified copy as per rules.

Sd/- (Chandra Bhushan Bajpai) Judge Aadil