Mahesh Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5616 of 2017 • Mahesh Gupta S/o Madanlal Gupta, Aged About 30 Years By Caste Gupta, R/o Behind Radhakrishna Mandir, Dongargarh, Thana & Tahsil Dongargarh, District Rajnandgaon, Chhattisgarh. ---- Petitioner

Versus

• State Of Chhattisgarh Through District Magistrate, District Rajnandgaon, Chhattisgarh.

---- Respondent For applicant Mr. Parag Kotecha, Adv.

For Respondent/State Mr. Sumit Jhanwar, 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 12-8-2017 in connection with Crime (Excise) No. 75/2017 Investigating Agency Excise Circle, Dongargarh Distt. Rajnandgaon (CG) 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, 5.760 bulk litre country liquor has been seized from the conscious possession of 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 on the basis of the quantity of the liquor so seized from the applicant. 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 the first offender, he is in custody since 1 month and 1 day till date, charge sheet has not 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. 25,000/- with one solvent surety of the like sum 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. If bail is cancelled automatically in view of above, the Court below may proceed further under the provisions of law under intimation.

8. CC as per rules.

Sd/- (Chandra Bhushan Bajpai) Judge Pathak