High Court Of ChhattisgarhMCRC/6646/2016allowed

Shanker Rao v. State Of Chhattisgarh

2016-10-26Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6646 of 2016 • Shanker Rao S/o Apparao Aged About 47 Years R/o SanyasiPara, Khamtarie, Police Station - Khamtarie, District (Revenue & Civil) - Raipur Chhattisgarh ---Petitioner

Versus

• State of Chhattisgarh Through Station House Officer, Police Station - Khamtarie, District - Raipur Chhattisgarh --- Respondent For the applicant :

Mr. Yogesh Pandey, Advocate For the Respondent :

Mr. Vivek Singhal, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .10.2016

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. 229 of 2016 registered at P.S. Khamtarie, Distt. Raipur (C.G) for the offence punishable under Section 34(2) of the C.G. Excise Act.

2. The prosecution alleges that when a raid/inspection was conducted by the Police on 25.06.2016, 8.640 bulk litres of illicit liquor was seized from the possession of the applicant.

3. Learned counsel for the applicant submits that the earlier bail application was dismissed as withdrawn with liberty to file the same after examination of the seizure witnesses. He submits that now the seizure witnesses namely Raja Thakur and Hariverma have been examined and they have not supported the case of prosecution, therefore, the applicant has been falsely implicated in this case.

4. Per contra, learned State Counsel opposes the bail application. However, he is unable to dispute the fact that the above seizure witnesses have not supported the case of prosecution.

5. Taking into consideration the fact that the both the above two seizure witnesses have denied the case of prosecution as also the fact that the applicant is in jail since 25.06.2016 and further looking to the quantity of liquor seized in this case, without any further observation on merits of the case, this Court is inclined to release him on bail. Accordingly, this application is allowed.

6. 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/Remand Court. He shall also appear before the said Court as and when directed by the said Court. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o