Abdul Wahid Khan @ Raju Khan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6335 of 2015 Abdul Wahid Khan @ Raju Khan, son of Abdul Kuddus, aged about 35 years, R/o Sakin Near Masjid, Santoshi Nagar, Police Station Tikrapara, District Raipur (C.G).

...

Applicant

Versus

State of Chhattisgarh, through the Station House Officer, Police Station Gudiyari, District Raipur (C.G).

... Non-Applicant For the applicant :

Mr. Mateen Siddiqui, Advocate For the Respondent :

Mr. Ashish Shukla, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 24 .11.2015

1. This is an application filed under section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant in connection with Crime No. 186 of 2015 registered at Police station Gudiyari, District Raipur (C.G) for the offences punishable under sections 3/7 of the Essential Commodities Act, 1955 & Section 285 & 420 of IPC.

2. As per the prosecution case, on a complaint made by one Jitendra Dahiya, the premises of the Applicant was raided by some officers alongwith Food Inspector. On such raid, 3445 litres of blue kerosene and 7140 litres of white kerosene were found from the possession of the applicant. Thereafter the applicant was served with notice and the documents having not been produced, the entire material has been seized.

3. Learned counsel for the applicant submits that the applicant is in jail since 22.08.2015 and the charge sheet has already been filed and all the essential seizures have been made, therefore, no further evidence is required. He prays for releasing the applicant on bail.

4. Per contra, learned State Counsel opposes the prayer for grant of bail.

5. Having regard to the fact that the charge sheet has been filed in this case and as the seizures have already been made there is no chance of tampering evidence and considering the fact that the applicant is in jail since 22.08.2015, I am inclined to release him on bail.

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

7. Cc as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao