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Judgment
11 paragraphs · 235 wordsV. Narasingh, J
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is an accused in G.R. Case No.726 of 2023 pending on the file of learned J.M.F.C., Khallikote, arising out of Kodala P.S. Case No.173 of 2023 for commission of offence alleged under Sections 387/506/507/34 of IPC read with Section 3/4 of E.S. Act.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Khallikote by order dated 14.08.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the petitioner is in custody since 03.08.2023 and as investigation has progressed substantially and since the petitioner is the first offender, he may be released on bail.
Learned counsel for the State opposes the prayer for bail during currency of investigation.
Taking into account the nature of allegation, period in custody, punishment prescribed and that the petitioner being the first offender, this Court directs his release on bail on such terms to be fixed by the learned Court in seisin subject to verification of criminal antecedent of the petitioner.
If it comes to the fore that the petitioner has any criminal antecedent, this order shall stand recalled.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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