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Judgment
Heard the matter finally.
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.40/2017, registered at Police Station Darri, District Korba (CG) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915.
Case of the prosecution, in brief, is that 15 bulk liters of hand made country liquor has been seized by the police from the present applicant in dicky of Scooty sold which was not registered.
Learned counsel for the applicant submits that the applicant is in detention since 11.4.2017. He further submits that charge sheet has been filed and the matter is pending before the JMFC, Katghora(CG) as Cr. Case No.175/2017. The applicant is the first offender and she has no criminal background, she will not commit any offence in future and also trial will take some time; therefore, the applicant may be released on bail.
On the other hand, learned counsel for the State opposes the bail application on the basis of quantity of hand made country liquor so seized. He submits that there is no criminal antecedent of the applicant.
I have heard the counsel appearing for the parties and perused the material.
On due consideration, as the applicant is in jail since 1 month, charge sheet is filed, the applicant is the first offender, no criminal antecedent is reported by Darri Police and trial will take some time, I am inclined to grant one last opportunity to the applicant so that she may not commit any offence in future and shall remain in the society peacefully.
Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.
It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.40,000/- with one surety in the like sum to the satisfaction of the JMFC Katghora (CG) for her appearance before the said trial Court as and when directed till trial.
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.