Sampat Sagar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7759 of 2016 • Sampat Sagar S/o Manharan Sagar, Aged About 29 Years R/o Supela, Krishna Nagar, Post Office & Police Station Supela, Bhilai District Durg Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station - Kharora, District Raipur Chhattisgarh ---- Respondent ------------------------------------------------------------------------------------------------------------ For Applicant :

Mr. Shivendu Pandya, Advocate For Respondent/State :

Mr. Wasim Miyan, Panel Lawyer ------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Goutam Bhaduri Order on Board 08-12-2016

1. This is a 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 on 12-5-2016 in connection with Crime No. 146 of 2016, registered at Police Station Kharora, District Raipur (CG) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. Earlier first bail application was dismissed as withdrawn with liberty to renew the prayer after examination of the seizure witnesses on 14-9-2016.

2. As per prosecution case, when a raid was conducted by the police party, the applicant was found in possession of illicit liquor measuring about 138.240 liters, the same was seized from him and thereby the aforesaid offence was committed.

3. Learned counsel appearing for the applicant would submit that no seizure was made in person from the applicant, seizure witnesses have been examined namely PW/1 Manoj Kumar and PW/2 Parameshwar and they have not supported the prosecution case. He would further submit that the

applicant has been falsely implicated in the case, he is in jail since 12-52016, charge-sheet in this case has been filed and no further investigation is required, therefore, he may be released on bail.

4. On the other hand, learned State counsel opposes the prayer for grant of bail, however, he does not dispute the fact that seizure witnesses have been examined and they have not supported the prosecution case.

5. I have heard learned counsel for the parties and have also perused the case diary and the documents.

6. Perused the statements of seizure witnesses PW/1 Manoj Kumar and PW/2 Parameshwar which would show that they have not supported the prosecution case.

7. Taking into consideration facts and circumstances of the case, nature of allegations leveled against the applicant and further considering the fact that the seizure witnesses have not supported the prosecution case and also the fact that charge-sheet in this case has been filed and the applicant is in jail since 12-5-2016, this court is inclined to release the applicant on bail.

8. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the 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.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Raju