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High Court Of ChhattisgarhMCRC/592/2017allowed

Amiruddin Ansari v. State Of Chhattisgarh

2017-02-06Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 592 of 2017 Amiruddin Ansari S/o Abdul Sadik, Aged About 32 Years R/o Nawapara Kala, Police Station Premnagar, District Surajpur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Of Police Station Ramanujnagar, District Surajpur, Chhattisgarh. ---- Respondent For applicant - Shri Anil Gulati, Advocate. For Respondent/State -Shri Anupam Dubey, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 6/02/2017 1.

This is second bail application under Section 439 of Cr.P.C. The earlier bail application was dismissed as withdrawn on 21/12/2016 vide M.Cr.C. No.8171/2016 with liberty to repeat the same after examination of the seizure witness.

2.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.204/2016 registered in Police Station Ramanujnagar, District Surajpur (C.G.) for offence punishable under section 20(B) of Narcotic Drugs and Psychotropic Substance Act. 3.

As per the prosecution case, on 20/10/2016 on a raid being conducted on an information received the applicant who was travelling in motorcycle from whom 3 kg 200 gms of cannabis were recovered. 4.

Learned counsel for the applicant submits that seizure witnesses namely Suresh Kumar Sahu and Bansh Bahadur have been examined and they have not supported the case of the prosecution, therefore the applicant may be released on bail.

5.

Learned State counsel do not dispute the fact that seizure

witnesses namely Suresh Kumar Sahu and Bansh Bahadur have been examined and they have not supported the case of the prosecution. 6.

Perused the statement of seizure witnesses. Considering the fact that they have not supported the case of the prosecution and specially taking into fact that quantity of cannabis so seized which is 3kg 200 gms, this court is inclined to release the applicant on bail. 7.

Accordingly, the second bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri