Laxmi Kumar Jaiswal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2186 of 2016 Laxmi Kumar Jaiswal S/o Late Ramrup Jaiswal Aged About 30 Years R/o Mohalla Bouripara, Police Station Kotwali, Ambikapur, Distt. Surguja Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, P.S. Rajpur, Distt. Balrampur Chhattisgarh.

---- Respondent For applicant - Shri S.R. Sinha, Advocate.

For Respondent/State -Shri Sumit Jhanwar, PL. Hon'ble Shri Justice Goutam Bhaduri Order 18/04/2016 1.

This is second bail application under Section 439 of Cr.P.C. The earlier bail application was dismissed on 8/12/2015 with liberty to revive the bail application after examination of the panch witnesses. 2.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 132/2015 registered in Police Station Rajpur, Distt. Balrampur (C.G.) for offence punishable under section 22 of Narcotic Drugs and Psychotropic Substances Act. 3.

Case of the prosecution, in brief, is that on 23/08/2015 applicant was found in possession of 9.50 grams of brown sugar, therefore offence was committed.

4.

Learned counsel for the applicant submits that while dismissal of the earlier bail application liberty was reserved in favour of the applicant to revive the bail application after examination of the panch witnesses. It is submitted that panch witnesses namely Bablu Yadav and Ashok Kashyap have been examined as PW-4 and PW-5. They have not supported the

case of the prosecution, therefore no case is made out against this applicant. He submits that coordinate bench of this court has granted bail in like nature in M.Cr.C. No.1979/2009 on 6/10/2009 wherein quantity of the brown sugar was 11 grams.

5.

Learned State counsel also do not dispute the fact that Bablu Yadav and Ashok Kashyap panch witnesses have not supported the case of the prosecution.

6.

I have perused the case diary and the statement of Bablu Yadav and Ashok Kashyap. They have not supported the case of the prosecution. Taking into such facts, without any observation on the merits, this court is inclined to release the applicant on bail. 7.

Accordingly, the second bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one local surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri