High Court Of ChhattisgarhMCRC/1265/2017allowed

Chiraguddu @ Pyarelal Nepali v. State Of Chhattisgarh

2017-03-08Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1265 of 2017 Chiraguddu @ Pyarelal Nepali S/o Shri Dhan Singh Nepali Aged About 35 Years Nagar R/o Rewa Gali, Ram Nagar, Post Office Raipur, Police Station- Gudhiyari, Raipur, Tahsil & District- Raipur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station- Gudhiyari, District- Raipur, Chhattisgarh. ---- Respondent For applicant - Shri Shivendu Pandya, Advocate. For Respondent/State - Shri Anil S. Pandey, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 8/03/2017

1. This is second bail application under Section 439 of Cr.P.C. The earlier bail application was dismissed as withdrawn on 4/01/2017 vide M.Cr.C. No.8461/2016.

2. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.325/2016 registered in Police Station Gudhiyari, District Raipur (C.G.) for offence punishable under section 34 (2) of Chhattisgarh Excise Act.

3. As per the prosecution case, on 18/10/2016 on a raid being made from the possession of the applicant 7.20 bulk liters of liquor was seized.

4. Learned counsel for the applicant submits that now the seizure witnesses namely Madan Sahu and Mithilesh Sahu 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 Madan Sahu and Mithilesh Sahu have been examined and they have not supported the case of the prosecution.

6. Considering the facts and circumstances of the case and also for the fact that seizure witnesses namely Madan Sahu and Mithilesh Sahu have been examined and they have not supported the case of the prosecution, 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