Vijay Banjare v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5202 of 2017 Vijay Banjare S/o Laxman Banjare, Aged About 19 Years R/o 27 Kholi, Bilaspur, Police Station Civil Lines, Bilaspur (CG). ---- Applicant

Versus

State of Chhattisgarh through the Station House Officer, Police Station Civil Lines, Bilaspur, District Bilaspur (CG). ---- Respondent For applicant Mr. S.K. Agrawal, Adv.

For Respondent/State Mr. Anant Bajpai, PL.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 30-81. Heard finally.

2. The applicant has preferred this application for grant of bail as he is arrested on 27-4-2017 in connection with Crime No. 128/2017 registered in PS Civil Lines, Bilaspur Distt. Bilaspur (CG) for offence punishable under Section 294 and 34 of the Indian Penal Code, 1860.

3. Learned counsel for the applicant submits that after investigation charge sheet has been filed under Section 392 and 34 of the IPC and same is pending before the JMFC Bilaspur as Criminal Case No. 1537/2017. Supplementary charge sheet has also been filed against two juvenile co-accused Nutesh Mishra @ Bitu and Akash Patre before the Juvenile Justice Board, Bilaspur. He submits that this is his first bail application before this Court. He is first offender aged about 19 years. As per allegation, the applicant looted a mobile from the complainant worth Rs. 16,000/- which was ultimately recovered from 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 arguments advanced on behalf of the applicant and submits that looking to the facts surfaced in the charge sheet, instant MCRC may be dismissed. However he fairly concedes 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 in custody since 4 months and 3 days days till date, he is aged about 19 years, he is first offender, charge sheet has 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 JMFC Bilaspur 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. The applicant is further directed to appear before the concerned SHO/IO/in-charge of the Police Station Civil Lines, Bilaspur 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 held 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