Dilip Kumar Tandan v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 1249 of 2017 Dilip Kumar Tandan, S/o. Amardas Tandan, Aged About 25 Years, R/o. Village Gadadih, Police Station- Bhatapara (Gramin), District Baloda BazarBhatapara, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through :The Police Station, Bhatapara (Gramin). ---- Respondent For Applicant :

Ms. Supriya Upasane, Advocate For Respondent :

Mr. Samir Behar, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 07/03/2017 1.

This is the second bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.348/2016, registered at Police Station- Bhatapara (Gramin), District - Balodabazar - Bhatapara (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act. The first bail application was dismissed as withdrawn with liberty to repeat the same after examination of the seizure witnesses vide order dated 19.12.2016. 2.

Case of the prosecution in brief is that on 16.11.2016 on a raid being conducted, from the possession of the applicant 7.2 liters of liquor was seized. Thereby the offence is committed.

3.

Learned counsel for the applicant submits that this is second bail application. The first bail application was dismissed as withdrawn with liberty to repeat the same after examination of the seizure witnesses and the seizure witnesses namely Amol Das and Lala Ram have been

Page No.2 examined and they have not supported the case of the prosecution; therefore, the applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail, however, he do not dispute the fact that seizure witnesses have been examined and they have not supported the case of the prosecution. 5.

Considering the facts and circumstances of the case and further considering the fact that seizure witnesses have been examined and they have not supported the case of the prosecution, this Court is inclined to release the applicant on bail.

6.

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

7.

It is directed that the applicant shall be released on bail on furnishing 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, for his appearance as and when directed.

8.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram