High Court Of ChhattisgarhMCRC/5569/2017allowed

Santosh Sahu v. State Of Chhattisgarh

2017-09-08Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5569 of 2017 • Santosh Sahu S/o Puniram Sahu, Aged About 27 Years R/o Sunsuniya, Police Station Kasdol, At Present , R/o Indira Colony, Lavan, Police Station Kasdol, District Balodabazar- Bhatapara, Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Kasdol, District Balodabazar- Bhatapara, Chhattisgarh. ---- Respondent For Applicant :

Shri Yogesh Chandra, Advocate For Respondent-State :

Shri SK Mishra, PL for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 08/09/2017

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 on 30-1-2017 in connection with Crime No. 31 of 2017 registered at Police Station Kasdol, District Balodabazar-Bhatapara (CG) for the offence punishable under Section 34 (2) of the Excise Act.

2. As per the case of the prosecution that on a raid being conducted and from the joint possession of the applicant and others 168 bulk liter liquor was seized, thereby the offence is committed.

3. Learned counsel for the applicant would submit that this is the second bail application. The first bail was dismissed on 20.03.2017 with liberty to repeat the same after examination of the sizure witness. Now the seizure witnesses namely Pawan & Suhil have been examined and they have not

supported the case of the prosecution, therefore, the applicant may be enlarged on bail.

4. Learned State counsel is not able to dispute the fact that Pawan & Suhil, who are the seizure witnesses and have not supported the case of the prosecution.

5. Considering the fact that the seizure witnesses have not supported the case of the prosecution and the applicant is in jail since 30.01.2017, 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