Satish v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2168 of 2017 Satish S/o Badriprasad Gayakwad, Aged About 27 Years R/o Village Oteband, Police Station- Nandani, District- Durg, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through The In Charge Out Post- Karkanda, Police Station- Berla, -District-Bemetara, Chhattisgarh ---- Respondent For applicant - Shri C.P. Lahrey, Advocate. For Respondent/State -Shri Om.P.Sahu, GA.

Hon'ble Shri Justice Goutam Bhaduri Order 7/04/2017 1.

This is second bail application under Section 439 of Cr.P.C. The earlier bail application was dismissed as withdrawn on 1/03/2017 vide M.Cr.C. No.1004/2017 with liberty to repeat the same after examination of the seizure witness.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.11/2017 registered in Police Station Outpost-Karkanda, Police Station-Berla, District Bemetara (C.G.) for offence punishable under section 34 (2) of Chhattisgarh Excise Act. 3.

As per the prosecution case, on 11/01/2017 on a raid being made from the possession of the applicant 27 bulk liters of liquor was seized. 4.

Learned counsel for the applicant submits that seizure witnesses namely Devendra Singh and Preetam Banjare 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 Devendra Singh and Preetam Banjare 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 Devendra Singh and Preetam Banjare 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