Ramcharan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5602 of 2017 • Ramcharan S/o Late Bhagwati Prasad, Aged About 37 Years R/o Village Adbhar, Police Station & Tah. Malkharauda District Janjgir Champa Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Excise Flying Card, Janjgir District Janjgir Champa Chhattisgarh.

---- Non-applicant _________________________________________________________ For Applicant : Shri Ravindra Sharma, Advocate.

For Respondent/State : Shri Anant Bajpayi, Panel Lawyer.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 13.09.2017 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. The applicant has been arrested in connection with crime (Excise) No. 137/2017 Investigating Agency Flying Squad Excise Department Janjgir, District-Junjgir-Chapa, 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 21.08.2017. Charge-sheet is not yet filed, the applicant has been remanded by Chief

Judicial Magistrate Janjgir-Chapa, C.G., As per allegation, 8 bulk liters handmade Country 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 trial may take some time for its conclusion, he may be granted bail. 4.

Per contra, learned counsel for the State opposed the arguments advanced of the applicant though fairly consided that there is no criminal antecedent of the applicant. 5.

Perused the entire material.

6.

The applicant is in custody for last 25 days, chargesheet is not yet filed, trial may take some time for its conclusion, he is the first offender, never involved in any of offence, I am inclined to grant one opportunity to the applicant so that he may 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. 30,000/- with one solvent surety of Rs. 30,000/- to the satisfaction of Chief Judicial Magistrate, Janjgir-Chapa, (C,G.), 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 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. 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