Ashwani Ratre v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 4206 of 2017 Ashwani Ratre, aged about 30 years, S/o. Gangadas Ratre, R/o. VillageSararidih, Police Station - Nevra, District - Raipur (C.G.). ---- Applicant

Versus

State Of Chhattisgarh, Through : Station House Officer, Police Station -Nevra, District -Raipur, Chhattisgarh.

---- Respondent For Applicant :

Mr. Syed Imtiaz Ali, Advocate For Respondent :

Mr. Anupam Dubey, Dy. G.A.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 22/06/2017 1.

This is the third 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.33/2017, registered at Police Station- Nevra, Raipur, District - Raipur (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 The first bail application was dismissed as withdrawn with liberty to repeat the same after examination of the seizure witnesses vide order dated 07.03.2017 and the second bail application was dismissed as withdrawn with liberty to file a fresh application with correct statements of facts vide order dated 18.05.2017.

2.

Case of the prosecution in brief is that on 17.01.2017 on a raid being conducted, from the possession of the applicant 20.880 bulk liters of liquor was seized. Thereby the offence is committed. 3.

Learned counsel for the applicant submits that the first bail application was dismissed as withdrawn with liberty to repeat the same after

Page No.2 examination of the seizure witnesses vide order dated 07.03.2017 and the second bail application was dismissed as withdrawn with liberty to file a fresh application with correct statements of facts vide order dated 18.05.2017. It is contended that now seizure witnesses namely Gopal Giri and Suraj Chauhan have been examined and they have not supported the case of the prosecution; 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 considering the detention of the applicant as against the quantity of the liquor seized, 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 as per rules.

Sd/- (Goutam Bhaduri) Judge Balram