Chandra Pratap Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1503 of 2018 Chandra Pratap Singh S/o Indrabhan Singh Aged About 27 Years R/oVillage- Umari, Tahsil And Police Station- Chhorhatta, District- Reewa, (M.P.), District : Rewa, Madhya Pradesh ---- Applicant

Versus

State Of Chhattisgarh Through-Station House Officer, Police Station- Patewa, District- Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh ---- Respondent Shri Vikash Pradhan,, counsel for the applicant/s. Shri S. Majid Ali, Dy.G.A. for the State.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 01/03/2018 This is second bail application. First bail application was rejected. The second bail application has been moved on the ground that now two independent witness of seizure have been examined and both have turned hostile. Learned counsel for the applicant submits that though according to the prosecution, the contraband have been seized from the vehicle, the applicant was not there. Therefore, he may be granted bail.

2.

On the other hand, learned State counsel opposes bail application and submits that though the prosecution witnesses may not have supported the case of the prosecution, still the investigating officer is to be examined. 3.

Taking into consideration the submission of learned counsel for the parties, period of detention and submission of learned counsel for the applicant that independent witnesses of seizure have turned hostile, I am inclined to grant bail to the applicants.

6.

Accordingly, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-

along with one local surety for the like amount to the satisfaction of the Trial Court. He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

Certified copy as per rules.

Sd/- ( Manindra Mohan Shrivastava ) Judge Deepti