This is the third bail application under Section 439 Cr.P.C. for an NDPS offence. The court rejected the application, holding that hostile testimony of seizure witnesses is not a sole ground for bail in a subsequent round as there was no change in circumstances.
The present bail application is rejected.
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.
1
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 667 of 2019
---- Applicant
Versus
---- Non-applicant
For Applicant : Shri Vikash Pandey, Advocate. For Non-applicant : Shri Washim Miyan, Panel Lawyer
Hon'ble Shri Justice Sharad Kumar Gupta Order On Board
14.02.2019
Sd/(Sharad Kumar Gupta) JUDGE
kishore
3 issues framed by the court
Whether the applicant is entitled to bail in his third application considering the change in circumstances regarding hostile seizure witnesses.
Whether mere hostility of seizure witnesses constitutes sufficient ground to release an accused on bail in a subsequent round.
Whether there is any change in circumstances justifying the grant of bail in a third bail application.
2 provisions across 2 enactments
Ramadhar Rathore
State Of Chhattisgarh Through The Station House Officer, Police Station Koni
Sharad Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
