Gopi Chaturvedi v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5509 of 2017 Gopi Chaturvedi S/o Shri Devanand Chaturvedi, Aged About 35 Years R/o Palod, Police Station Mandir Hasaud, District Raipur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Mandir Hasaud, Civil And Revenue District Raipur, Chhattisgarh. ---- Respondent For applicant - Shri P.K. Patel, Advocate.

For Respondent/State -Shri Anupam Dubey, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 28/08/2017 1.

This is second bail application under Section 439 of Cr.P.C. The earlier bail application was dismissed as withdrawn on 20/03/2017 vide M.Cr.C. No.1417 of 2017 with liberty to repeat the same after examination of the seizure witnesses.

2.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.44/2017 registered in Police Station Mandir Hasoud, Civil and Revenue District Raipur (C.G.) for offence punishable under section 34 (2) of Chhattisgarh Excise Act and Section 25, 27 of Arms Act.

3.

As per the prosecution case, on 12/02/2017 on a raid being conducted from the possession of the applicant 17.280 bulk liters of liquor was seized and he was also found with arm sword, thereby case was registered under section 34(2) of C.G. Excise Act and 25, 27 of Arms Act. 4.

Learned counsel for the applicant submits that seizure witnesses namely Rakesh Chandrakar and Sanju S/o Lakhan Lal have been examined and they have not supported the case of the prosecution,

therefore the applicant may be released on bail. 5.

Learned State counsel do not dispute the fact that seizure witnesses namely Rakesh Chandrakar and Sanju S/o Lakhan Lal have been examined and they have not supported the case of the prosecution. 6.

Perused the case diary and the statement. Considering the facts and circumstances of the case and also for the fact that two witnesses namely Rakesh Chandrakar and Sanju S/o Lakhan Lal have been examined and they have not supported the case of the prosecution, without further observation on the merits and also taking into period of custody, this court is inclined to release the applicant on bail. 7.

Accordingly, the second bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri