Krishnapal @ Chotu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2199 of 2018 Krishnapal @ Chotu S/o Kaptan Singh, aged about 27 years, R/o Mudkhera, Tahsil Sabaspura, District Shivpuri (M.P.) ---- Applicant

Versus

State of Chhattisgarh, through District Magistrate, S.H.O.- P.S. Pulgaon District, Durg (C.G.) (As per Charge sheet) ---- Non-applicant For Applicant :

Mr. Avinash Chand Sahu, Advocate.

For Non-applicant :

Mr. Avinash Singh, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 26/03/18 Heard.

2.

This is the second bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 181/2017 registered at Police Station Pulgaon District, Durg (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915.

3.

The applicant's first bail application was rejected by order of this Court dated 15.11.2017 passed in M.Cr.C. No. 6432/2017. 4.

Case of the prosecution, in brief, is that 11303.49 bulk liter of illicit liquor was found in possession of the present applicant. Learned counsel for the applicant submits that most of the witnesses have turned hostile and not supported the case of the applicant. He further submits that since the applicant is in custody since 16.05.2017 and the trial is likely to take some

time for its final disposal, therefore he may be released on bail. 5.

On the other hand, learned counsel for the State opposes the bail application.

6.

After hearing learned counsel for the parties, I do not find any new good ground or any change in the circumstances of the case to entertain this second bail application. Consequently, the second bail application stands rejected.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge Priyanka