Bramhanand Panda v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 2977 of 2016

1. Bramhanand Panda, S/o. Shyam Sundar Panda, aged about 29 years, R/o. Jagnasai, P.S. - Polosom, District- Ganjam (Orissa). ----Applicant

Versus

1. State of Chhattisgarh, Through : Station House Officer, G.R.P. Police, District - Bilaspur (Chhattisgarh) ---- Respondent For Applicant : Mr. Shailendra Dubey, Advocate For Respondent/State : Mr. Arvind Shukla, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 23/06/2016 1.

This is the second 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.106/2015, registered at Police Station - G.R.P.-Bilaspur, District - Bilaspur (C.G.) for the offence punishable under Section 20 (B) of N.D.P.S. Act. The first bail application was dismissed on 12.01.2016. 2.

Case of the prosecution, in brief, is that on 12.10.2015 on information received, railway platform, Bilaspur Station was raided and from the possession of the applicant, 12 kg cannabis was recovered. 3.

Learned counsel for the applicant submits that till date no witness have been examined and the applicant is lodged in jail since 12.10.2015, therefore, the counsel prays for grant of bail on the ground of delay in trial.

4.

On the other hand, learned counsel for the State opposes the bail application.

Page No.2 5.

I have heard learned counsel appearing for the parties. 6.

The date of incident appears to be of 12.10.2015. Earlier bail petition was dismissed on 12.01.2016. Considering the fact I do not find any substantial ground for delay. Taking into the date of incident on 12.10.2015 and the earlier rejection order on 12.01.2015, I do not find any change of circumstances to reconsider the bail again. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is dismissed.

Sd/- (Goutam Bhaduri) Judge Balram