Yogesh Dhidhi v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7451 of 2016 Yogesh Dhidhi, S/o. Itwari Dhidhi, Aged About 21 Years, R/o. Village Sinodha, Thana Patewa, Tahsil/ District Mahasamund, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through Station House Officer, Police Station Patewa, District Mahasamund, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Vikas Pradhan, Advocate For Respondent :

Mr. Vivek Singhal, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 28/11/2016 1.

This is the second bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.152/2016 registered at Police Station- Patewa, District Mahasamund (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2.

Case of the prosecution, in brief, is that on 01.09.2016, on a raid being conducted, from the possession of the applicant, 9.540 bulk liters of country made liquor was seized.

3.

Learned counsel for the applicant submits that this is the second bail application, the earlier bail application was dismissed as withdrawn on 04.10.2016 in MCRC No.5980 of 2016 with liberty to file afresh after seizure witnesses are examined and thereafter the seizure witnesses namely Hirendra Kumar Soni & Mohan Sahu have been examined and they have not supported the case of the prosecution, which shows that the applicant has been falsely

implicated in this case; therefore, the applicant may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail, however, he is not able to dispute the fact that the seizure witnesses have been examined and they have not supported the case of the prosecution.

5.

Perused the case diary and the documents. Considering the facts & circumstances of the case and the fact that the seizure witnesses have been examined and they have not supported the case of the prosecution, I am inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Ashok