Sanjay Kumar Rai v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 3873 of 2017 Sanjay Kumar Rai, S/o. Kewal Ram Rai, Aged About 36 Years, R/o. Village Kuthroud, Police Station Suhela, District Baloda Bazar -Bhatapara, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through Station House Office, Police Station Suhela, District -Baloda Bazar- Bhatapara, Chhattisgarh. ---- Respondent For Applicant :

Mr. Raghavendra Pradhan, Advocate For Respondent :

Mr. Shashank Thakur, Govt. Advocate ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 13/06/2017 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.06/2017, registered at Police Station- Suhela, District - Balodabazar - Bhatapara (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act. The first bail application was dismissed as withdrawn with liberty to repeat the same after examination of the seizure witnesses vide order dated 09.02.2017.

2.

Case of the prosecution in brief is that on 05.01.2017 on a raid being conducted, from the possession of the applicant 5.76 bulk liters of liquor was seized. Thereby the offence is committed. 3.

Learned counsel for the applicant submits that this is second bail application. The first bail application was dismissed as withdrawn with liberty to repeat the same after examination of the seizure witnesses and the seizure witnesses namely Kusum Tandan and Asha Patel

Page No.2 have been examined and they have not supported the case of the prosecution. It is further submitted that the applicant is severely ill and he is in death bed; therefore, the applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail, however, he do not dispute the fact that seizure witnesses have been examined and they have not supported the case of the prosecution. 5.

Considering the facts and circumstances of the case and further considering the fact that seizure witnesses have been examined and they have not supported the case of the prosecution and further taking into the quantity of the liquor seized and the detention of the applicant, this Court is 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.

Certified copy today.

Sd/- (Goutam Bhaduri) Vacation Judge Balram