Second bail application under Section 439 CrPC dismissed. Court held that gravity of offences (robbery/dacoity) and alleged seizure of Rs. 15 lakhs preclude bail, despite co-accused release and witness hostility. Investigation officer examination required.
Application for bail under Section 439 CrPC rejected.
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HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 7734 of 2019
---- Non-applicant
For Applicant : Shri Sunil Verma, Advocate. For Non-applicant : Shri Praveen Shrivastava, Panel Lawyer
Hon'ble Shri Justice Sharad Kumar Gupta
Order On Board
09.12.2019
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copy of statement of P.W. 4 Ganesh Jaiswal, para 3 of the certified copy of P.W.5 Arjun Sendre who are witnesses of the alleged memorandum and seizure and Para 6 of the certified copy of P.W.7 Meghnath Sahu, which are part of the bail application. He further submitted that coaccused Azim Qureshi and Md. Shahid have been released on bail by this Court, thus, he may be released on bail.
Sd/-
(Sharad Kumar Gupta) JUDGE
kishore
2 issues framed by the court
Whether the applicant is entitled to bail under Section 439 CrPC considering the serious offences and alleged seizure of cash.
Whether the hostile turning of seizure witnesses affects the bail prospects.
1 provisions across 1 enactments
Sheikh Amzad
Sharad Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
