Bharat Soni v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2174 of 2017 Bharat Soni, S/o. Shri Harigun Soni, Aged About 46 Years, R/o. Seema Nagar, Telibandha, Raipur, Post Office Raipur, Police Station- Telibandha, Raipur, Tahsil & District Raipur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through Station House Officer, Police Station Telibandha, District Raipur, Chhattisgarh.

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

Mr. Shivendu Pandya, Advocate For Respondent :

Ms. M. Asha, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 07.04.2017 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.422/2016 registered at Police Station- Telibandha, District Raipur (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act.

2.

As per the prosecution case, on 18.12.2016, on a raid being conducted, from the possession of the applicant, total 7.200 bulk liters of illicit liquor was seized.

3.

Learned counsel for the applicant would submit that this is the second bail application, the first bail application was dismissed as withdrawn on 30.01.2017 with liberty to file afresh after examination of the seizure witnesses and now the seizure witnesses namely Mahesh Kumar & Ramesh Kumar have been

examined and they have not supported the case of the prosecution; therefore, the applicant may be released on bail. 4.

Per contra, learned State counsel opposes the prayer for grant of bail, however, she 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.

Considering the facts & circumstances of the case and the fact that the seizure witnesses in this case have been examined and they have not supported the case of the prosecution, without any observation on merit, 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