Anil Tandan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.5919 of 2017 • Anil Tandan S/o Shri Moolchand Tandan, Aged About 20 Years R/o Village Bakarkuda, Police Chauki Malhar, Police Station Masturi, Civil & Revenue District Bilaspur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Chauki Malhar, Police Station Masturi, Civil & Revenue District Bilaspur, Chhattisgarh.

---- Respondent ------------------------------------------------------------------------------------------- For Applicant : Shri Paras Mani Shriwas, Advocate For Respondent/State : Shri Vinod Tekam, Panel Lawyer ------------------------------------------------------------------------------------------- Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 09.10.2017 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.339/2017 registered in Out Post Malhar, Police Station Masturi, Distt. Bilaspur (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 28.8.2017, after investigation, charge sheet has been filed which is presently pending before Judicial Magistrate First Class, Bilaspur as Criminal Case No.164/2017. As per the allegation, 7.200 bulk liters of country made liquor has been seized from the possession of the present applicant. Learned counsel for the applicant submits that the applicant 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 enlarged on bail.

4.

Per contra, learned counsel for the respondent/State opposed the arguments advanced on behalf of the applicant on the basis of quantity of liquor so seized though fairly submits that there is no criminal antecedent reported against the applicant. 5.

Perused the entire material.

6.

The applicant is in custody for one month and thirteen days, charge sheet has been filed, there is no criminal past reported against the applicant, as the trial may take some time for its conclusion, 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 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