Dhaneshwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5642 of 2017 • Dhaneshwar S/o Lalsingh Netam, Aged About 30 Years Caste Gond, R/o Village Nangutola, Police Station Mangchuwa, District Balod, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through District Magistrate, Police Station Mangchuwa, District Balod, Chhattisgarh.

---- Non-applicant _________________________________________________________ For Applicant : Shri B.P. Singh, Advocate.

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

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 14.09.2017 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, who has been arrested in connection with crime No. 23/2017, registered in Police Station Mangchuwa, District Balod, 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 03.08.2017. Charge-sheet is not yet filed, the applicant has been remanded by Chief

Judicial Magistrate Balod. As per allegation, from the kitchen garden of the house of the applicant 7 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 respondent/State opposed the arguments advanced on behalf the applicant though fairly conceded that there is no criminal antecedent of the applicant.

5.

Perused the entire material.

6.

As the applicant is in custody for one months 11 days, charge-sheet is not yet filed he is the first offender, trial may take some time for its conclusion, on consideration of the entire facts. I am inclined to grant one opportunity to the applicant so that he shall 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 his furnishing a personal bond in the sum of Rs. 30,000/- with one solvent surety of the like sum to the satisfaction of Chief Judicial Miagistrate, Balod, (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