Ramjeet v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.5609 of 2017 • Ramjeet S/o Lakheshwar, Aged About 36 Years R/o Pandavpara Police Station Patna, Tahsil Baikunthpur, District Korea Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Patna, District Korea Chhattisgarh.

---- Respondent ------------------------------------------------------------------------------------------- For Applicant : Shri Anil Gulati, Advocate For Respondent/State : Shri Vinod Tekam, Panel Lawyer ------------------------------------------------------------------------------------------- Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 13.9.2017 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, who has been arrested in connection with Crime No.169/2017 registered in Police Station Patna, Distt. Korea (CG) 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 30.7.2017, charge sheet is not yet filed and the applicant has been remanded by Judicial Magistrate First Class, Baikunthpur, Distt. Korea. As per the allegation, 6.00 bulk liters of hand made country liquor has been seized from the possession of the applicant. Learned counsel for the applicant would submit that the applicant will not commit any offence in future, as the trial may take some time for its conclusion, he may be enlarged on bail.

4.

Per contra, learned counsel for the respondent/State opposed the arguments advanced on behalf of the applicant and further submits that prior to the present incident, following matters have been registered against the applicant.

Sl. No. Crime No.

Offence U/S.

01.

170/2012 36C CG Excise Act, 1915.

02.

76/2016 34(1)(a)CG Excise Act, 1915.

.

5.

Perused the entire material.

6.

The applicant is in custody for one month and fifteen days, charge sheet is not yet filed, the trial may take some time for its conclusion, though against the applicant aforementioned two matters have been registered but the said mattes were bailable one, on considering the entire facts, I am inclined to grant one last opportunity to the applicant so that he will 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 like sum amount to the satisfaction of concerned trial Judge 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; 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 the above, the Court below may proceed further under the provisions of law, under intimation.

Certified copy as per rules.

Sd/- (Chandra Bhushan Bajpai) JUDGE Bini