Monu Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 498 of 2018 • Monu Kumar S/o Munna Lal, Aged About 27 Years R/o Khojwa Aashik (Kirayya) Bhelupur Varanasi U. P. Police Station Bhelupur Varanasi U. P. , Uttar Pradesh ---- Applicant

Versus

• State of Chhattisgarh Through Police Station Takkara District Jashpur Chhattisgarh ---- Respondent For Applicant :

Dr. Shiv Kumar Shrivastava, Advocate For Respondent-State :

Shri Adhiraj Surana, Dy. GA for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 16/01/2018

1. This is the Second Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 17.09.2017 in connection with Crime No.83/17 registered at Police Station Tapkara, District Jaspur (CG) for the offence punishable under Section 20 (b) of the N.D.P.S. Act, 1985.

2. The First Bail application bearing M.Cr.C. No.6662/2017 was dismissed on 05.12.2017.

3. Learned counsel for the applicant submits that three of the independent witnesses have been examined and they have not supported the case of the prosecution, therefore, no offence is made out against the applicant and he may be released on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

5. Perused the earlier bail rejection order. Merely because the independent witnesses have not supported the case of the prosecution, it would not be proper for this Court to give a finding. Since admittedly it appears that the I.O. in this case is still to be examined. In the case of the cannabis of like nature when the quantity is huge, the statement of I.O. would be relevant. In view of this, I do not find any change of circumstances to consider this repeat bail application. Accordingly, the bail application is dismissed. Sd/- Goutam Bhaduri Judge Ashu