Tatu Nishad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2648 of 2016 • Tatu Nishad S/o Hari Nishad Aged About 45 Years R/o Village : Manikchauri, Police Station & Tahsil Chhuikhadan, District Rajnandgaon Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh through the Station House Officer, Police Station Chhuikhadan, District Rajnandgaon Chhattisgarh --- Respondent For the applicant :

Mr. Abhishek Sharma, Advocate For the Respondent :

Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 09.05.2016

1. This is second bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 358/2015 registered at P.S. Chhuikhadan, Distt. Rajnandgaon (C.G) for the offence punishable under Section 34(2) of the Excise Act.

2. As per the prosecution case, on 20.12.2015 when a raid was conducted by the police, six bulk litres of illicit country made liquor was seized from the possession of the applicant.

3. Learned counsel for the applicant submits that this is second bail petition and the earlier bail petition was dismissed on 27.01.2016 wherein liberty was granted to repeat the prayer after conclusion of earlier proceedings of Criminal Case No. 141/2012 pending before the JMFC, Khairagarh and since the I.O., is not turning up to record his evidence, the said case is still pending. He further submits that looking to the quantity of liquor seized from the applicant and further considering his detention period as he is in jail since 02.01.2016, he

prays for releasing the applicant on bail.

4. Perused the case diary and the order sheets of criminal Case No. 141/2012 which would go to show that since 2012, the statement of I.O., is not recorded, therefore, the said case is pending for trial for non-examination of I.O.

5. Taking into such fact in consideration and further looking to the detention period of the applicant as he is stated to be in jail since 02.01.2016 and quantity of liquor which was recovered in this case is only six bulk litres, I am inclined to release the applicant on bail.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o