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High Court Of ChhattisgarhMCRC/4778/2017allowed

Pankaj Kumar Sao v. State Of Chhattisgarh

2017-08-17Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4778 of 2017 • Pankaj Kumar Sao S/o Maheshwari Sao Aged About 23 Years R/o Indira Nagar, Hathkhoj, Police Station Purani Bhilai-03, Tehsil & District Durg Chhattisgarh.

----Applicant

Versus

• State of Chhattisgarh Through Police Station Bhilai-03, District Durg Chhattisgarh.

---- Respondent For Applicant :

Shri MD Dhote, Advocate For Respondent-State :

Shri Sangharsh Pandey, Dy. GA for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 17/08/2017

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.192/2016 registered at Police StationBhilai 03, District Durg (C.G.) for the offence punishable under Section 420, 467, 468, 471, 472/34 of Indian Penal Code.

2. As per the prosecution case, the applicant along-with the other co-accused used to prepare the forged driving licence, fitness certificate and registration of the vehicle so as to allow it to cross the border and from the possession of this applicant forged seals of different States were recovered.

3. Learned counsel for the applicant submits that this is the second bail application. The first bail application was dismissed on 04.10.2016. He would also submit that despite long adjournments still 5 witnesses are to be

examined and on the last three dates no witness has appeared and the applicant is in jail since 11.04.2016, therefore, he may be enlarged on bail.

4. Learned State counsel was directed to enquire as to what happened on the last date i.e. on 10.08.2017. It is submitted that no witness has appeared on the last date.

5. Considering the same and the detention of the applicant as he is in jail since 11.04.2016 and for last three dates no witnesses have appeared, I am inclined to release the applicant on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- Goutam Bhaduri Judge Ashu