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Judgment
11 paragraphs · 362 wordsS.S. Mishra, J
The petitioner is an accused in connection with Soro P.S. Case No.397 of 2023 corresponding to C.T. Case No.823 of 2023 for the offences under Sections 294/353/34 of I.P.C. read with Section 25 of the Arms Act pending in the Court of the learned J.M.F.C., Soro.
The allegation against the petitioner as per the F.I.R is that on 07.07.2023 night, while the informant along with other staff were performing patrolling duty, they found three unknown persons were standing in a lonely place with a motor cycle. On seeing the police vehicle, the accused persons tried to escape from the spot, but the police chased them and the accused persons abused them in filthy languages. Thereafter, the police apprehended them. Therefore, the F.I.R. was lodged.
Mr. B.K. Ragada, learned Additional Government Advocate opposed the prayer for bail and pointed out the antecedent of the petitioner.
The petitioner had approached the learned Assistant Sessions Judge, Soro praying for grant of bail. The learned Court below vide its order dated 18.12.2023 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.
Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one.
Taking into consideration the period of custody from 08.07.2023, the nature of accusation and the circumstances in which the offence alleged to have been committed, I am inclined to admit the petitioner on bail.
Hence, the petitioner 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 the further condition that shall not tamper with the evidence or try to influence any witnesses in any manner whatsoever. The petitioner shall appear before the concerned Police Station on every Sunday for six months from the date of his release.
Violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.
The BLAPL is accordingly disposed of.
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