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High Court Of ChhattisgarhMCRC/7161/2017allowed

Ramnarao @ Sonu v. State Of Chhattisgarh

2017-12-12Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MISC. CRIMINAL CASE NO. 7161 OF 2017 Ramnarao @ Sonu, S/o Ramarao, aged about 26 years, R/o Soniya Gandhi Nagar, Sector-11, Zone-1, Khurseepar, District Durg (C.G.) ... Applicant versus State of Chhattisgarh, through District Magistrate, District Durg (C.G.) ... Respondent For Applicant :

Mr. A.C. Sahu, Advocate.

For Respondent-State :

Ms. M. Asha, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 12/12/2017 1.

The present is an application filed under Section 439 of CrPC seeking for grant of bail to the Applicant who is in jail since 2.8.2017 in connection with Crime No.664/2017 registered at Police Station- Supela, District Durg, for the offence punishable under Sections 25, 27 of the Arms Act.

2.

Allegation against the Applicant as per the prosecution case is that the Applicant is said have been found in possession of a knife and was threatening the passerby on the main road near Idgah Maidan, Supela. 3.

Learned Counsel for the Applicant submits that the material witnesses i.e. the seizure witnesses in the instant case have been examined before the Trial Court and both the seizure witnesses have turned hostile and have not supported the case of prosecution and therefore the Applicant may be released on bail. 4.

Learned Counsel for the State however opposes the bail application. 5.

Considering the fact that the Applicant is in custody for a period of more than four months and the fact that the seizure witnesses have not supported the case of the prosecution, this Court is of the opinion that prima facie a strong case is made out for grant of bail to the Applicant.

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Accordingly, the bail application is allowed. It is ordered that the Applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety of the like sum to the satisfaction of the concerned Trial Court for his appearance as and when directed. Sd/- (P. Sam Koshy) /sharad/ Judge