This is a second bail application under Section 439 Cr.P.C. The High Court allowed bail based on the fact that prosecution seizure witnesses failed to support the case, directing release on a personal bond.
The applicant was directed to be released on personal bond for Rs. 25,000/- with one surety in like sum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 1265 of 2017
Chiraguddu @ Pyarelal Nepali S/o Shri Dhan Singh Nepali Aged About 35 Years Nagar R/o Rewa Gali, Ram Nagar, Post Office Raipur, Police Station- Gudhiyari, Raipur, Tahsil & District- Raipur, Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station- Gudhiyari, District- Raipur, Chhattisgarh.
---- Respondent
For applicant - Shri Shivendu Pandya, Advocate. For Respondent/State – Shri Anil S. Pandey, G.A.
Hon'ble Shri Justice Goutam Bhaduri Order
8/03/2017
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witnesses namely Madan Sahu and Mithilesh Sahu have been examined and they have not supported the case of the prosecution.
Sd/-
(Goutam Bhaduri)
JUDGE
gouri
2 issues framed by the court
Whether bail should be granted to the applicant who was arrested for an offence under section 34(2) of Chhattisgarh Excise Act where prosecution witness testimony was weak.
Whether the applicant should be released on personal bond.
2 provisions across 2 enactments
Chiraguddu @ Pyarelal Nepali
State Of Chhattisgarh
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
