Allowed

Tilakram Jangde v. State of Chhattisgarh

Chhattisgarh HC2 Jan 2023MCRC/10286/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a second bail application filed by Tilakram Jangde in a matter involving illicit liquor. The court granted bail noting that seizure witnesses failed to support the prosecution and the trial would take time.

What did the court decide?

For filing a personal bond of Rs. 50,000/ with one local surety in the like sum, the applicant is released on bail.

Tilakram Jangde Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 10286 of 2022

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Tilakram Jangde S/o Geetaram Jangde Aged About 42 Years R/o Village Godhi, Police Station Bhatapra, Gramin, District : Balodabazar-Bhathapara, Chhattisgarh.

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----Applicant

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Versus

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• State Of Chhattisgarh Through Station House OfÏcer, Police Of Police Station Bhatgaon Gramin, District : BalodabazarBhathapara, Chhattisgarh. ---- Respondent

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For Applicant	: Mr.	Anil Gulati, Adv.
For Respondent	: Mr.	Anurag Verma, PL

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Hon'ble Smt. Justice Rajani Dubey Order on Board

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02.01.2023

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The accused/applicant has moved this second bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 439/2022 registered at Police Station Bhatapara Gramin, District Balodabazar Bhatapara (C.G.) for the offence punishable under Section 34 (2) of the C.G. Excise Act.

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First bail application of the applicant was dismissed as withdrawn vide order dated 21.09.2022 passed in MCRC No. 7979/2022 with liberty to file after examination of seizure witnesses.

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It is the case of the prosecution that, total 5.220 bulk liters of illicit country-made liquor has been seized by the police from the custody of applicant and thereby committed the offence.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He next contended that after withdrawal of first bail application, seizure witnesses have been examined before the trial Court and they have not supported the prosecution case. Furthermore, the applicant is in custody since 12.08.2022, as the trial is likely to take some time for its final disposal, he may be released on bail.

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

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Taking into consideration the facts and circumstances of the case, detention period of the applicant and further considering the fact that seizure witnesses have not supported the prosecution case before the trial Court, as the trial is likely to take more time, without further commenting on merits of the case, I am inclined to release the applicant on bail. Accordingly, the bail application is allowed.

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Accordingly, the application is allowed. It is directed that on furnishing a personal bond in the sum of Rs. 50,000/-, with one local surety in the like sum to the satisfaction of the concerned Court for his appearance as and when directed, the applicant shall be released on bail, subject to following conditions:

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That, the applicant shall furnish a specific, undertaking that while on bail, he shall not commit any excise offence, otherwise bail granted to him shall be liable to be cancelled and shall co-operate the prosecution during trial.

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That, the accused/applicant shall make himself available for interrogation before the concerned Investigating OfÏcer as and when required and the

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accused/applicant 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/her from disclosing such facts to the Court or to any police ofÏcer.

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That, the accused/applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial.

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Sd/(Rajani Dubey) Judge

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V/-

Tilakram Jangde v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Tilakram Jangde v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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