Allowed

Safik Khan v. State of Chhattisgarh

Chhattisgarh HC17 Aug 2022MCRC/7077/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh granted regular bail to the applicant, who was accused of illegal possession of country-made liquor, noting that prosecution witnesses turned hostile and trial might take time.

What did the court decide?

The application is allowed on the personal bond of Rs.25,000/- with one surety in the like sum on specified conditions including appearance before the trial court.

Safik Khan Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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M.Cr.C No.7077 of 2022

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Safik Khan S/o Late Hikmat Ullah Khan, Aged About 37 Years R/o Village Teganmada, Chowki Belgahna, P.S. Kota, District Bilaspur Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh Chowki Belgahna, P.S. Kota, District - Bilaspur Chhattisgarh. ---- Non-Applicant

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For Applicant: Shri Utkal Pradhan, Advocate. For Non-Applicant/State : Shri Gagan Tiwari, G.A.

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Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board

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17.08.2022

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This is the 2^nd bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the Applicant, who has been arrested in connection with Crime No.231/2022 registered at Police Station – Kota, District –Bilaspur, Chhattisgarh for the offence punishable under Section 34(2) of the CG Excise Act. Earlier application has been dismissed as withdrawn vide order dated 12.05.2022 passed in M.Cr.C No.3844/2022.

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Allegation against the present Applicant is that he was found in illegal possession of 15 bulk liters of country made liquor.

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Learned counsel for the Applicant submits that the Applicant has been falsely implicated in the crime in question and submits further that he is in jail since 09.03.2022. He further submits that both the seizure witnesses have not supported the case of the prosecution and turned hostile, conclusion of trial is likely to take quite some time, therefore, the present Applicant may be released on bail.

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On the other hand, learned counsel for the Non-Applicant/State opposes the bail application.

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Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering that both the seizure witnesses have not supported the case of the prosecution and turned hostile, there is no likelihood of the Applicant tampering with the prosecution evidence or absconding and conclusion of trial may take some time, the application is allowed.

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It is directed that in the event of the Applicant's executing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:-

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(a) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court.

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(b) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

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(d) the Applicant and the surety shall submit a copy of their adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court.

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(e) he shall not involve himself in any offence of similar nature in future.

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Sd/-

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(Deepak Kumar Tiwari) Judge.

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Priya

Safik Khan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Safik Khan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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