Lokesh Kumar Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5623 of 2017 Lokesh Kumar Verma S/o Ravi Kumar Verma (Not Mentioned), R/o Village Chipa, Post Musra, Police Station Dongargarh District Rajnandgaon, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through The Police Station Dongargarh, District Rajnandgaon, Chhattisgarh.

---- Respondent For applicant Mr. Shaleen Singh Baghel, Adv.

For Respondent/State Mr. Vasim Miyan, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 13-91. Heard finally.

2. The applicant has preferred this application for grant of bail as he is arrested on 19-8-2017 in connection with Crime No. 273/2017 registered in PS Dongargarh, Distt. Rajnandgaon for offence punishable under Section 34 sub-section (2) of the CG Excise Act, 1915.

3. Learned counsel for the applicant submits that police has not filed charge sheet, the applicant is remanded by the CJM Rajnandgaon. This is his first bail application before this Court. He is first offender. As per allegation, the applicant and co-accused Durgesh Vaishnav were carrying liquor on a motorcycle. During investigation, Police seized the motorcycle bearing registration No. CG 08 V 7441 and 25.920 bulk litre foreign liquor 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. Co-accused fled from the spot and is still absconding. He further submits that though earlier Crime No. 134/17 under Section 34 sub-section (2) of the CG Excise Act, 1915 has been registered

against the applicant but he has been granted bail and the matter is pending as Criminal case No. 1722/2017 before the CJM Ranjandgaon.

4. Per contra, learned State counsel opposes the arguments advanced on behalf of the applicant on the basis of the huge quantity of the liquor so seized from the applicant and also the criminal antecedent.

5. Perused the matter.

6. As the applicant is in jail since 26 days till date, charge sheet has not been filed, trial may take some time, though against the applicant another similar matter was registered but as the applicant has been granted bail in the said matter and also the said matter was of 5.040 bulk litre liquor, 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 CJM Rajnandgaon 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 Dongargarh, Distt. Rajnandgaon on 1st and 3rd Mon5623day of every month 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