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Judgment
12 paragraphs · 454 wordsS.S. Mishra, J
The petitioners are the accused in connection with Khallikote P.S. Case No.851 of 2023 corresponding to G.R. Case No.2196 of 2023 for the offences under Sections 341/ 294/ 323/ 325/ 326/ 307/363/120-B/ 34 of the I.P.C. read with Sections 25(1-a) & 25(6) of the Arms Act and Sections 4 & 5 of E.S. Act and while forwarding, Section 364 of the I.P.C. is added pending in the Court of learned J.M.F.C., Khallikote.
The allegation as per the F.I.R is that on 25.11.2023 at about 7.00 A.M. while the niece of the informant was asked one of her villager, namely, Ranjan Das regarding the whereabouts of her child, petitioner no.1 assaulted him by giving slap. Thereafter, Ranjan Das and one Nira Das pelted two numbers of bombs towards two sides of the niece of the informant as a result of which, he sustained injury. It is further alleged that the F.I.R. named persons kidnapped her child. Hence, this case has been registered.
Mr. Maharaj, learned Additional Standing Counsel submits that so far as petitioner no.1 is concerned, there is no overt act against him. But there are serious role attributed against the other petitioners. He further submits that investigation in this case is on and the complicity of the other petitioners is yet to be ascertained from the investigation.
The petitioners had approached the learned Additional Sessions Judge, Khallikote praying for grant of bail. The learned Court below vide its order dated 24.01.2024 has rejected the bail application of the petitioners. Being aggrieved, the petitioners have filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.
Learned counsel for the petitioners submits that the plea of bail of the petitioners is not pending before any other Court except the present one.
Taking into consideration the period of custody from 26.11.2023, the nature of accusation and the circumstances in which the offence alleged to have been committed, I am inclined to admit the petitioner no.1 on bail, while rejecting the bail plea of others.
Hence, the petitioner no.1 be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to further condition that he shall cooperate with the investigation and he shall not tamper with the evidence in any manner whatsoever.
Violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner no.1.
So far as petitioner nos. 2 to 4 are concerned, liberty is granted to them to renew their prayer for bail after filing of the charge sheet.
The BLAPL is accordingly disposed of.
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