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Judgment
13 paragraphs · 387 wordsS.K. Sahoo, J
This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application for bail under section 439 of Cr.P.C. in connection with Buden P.S. Case No. 68 of 2019 corresponding to C.T. Case No. 05 of 2020 pending in the file of learned Addl. Sessions Judge, Padampur for alleged commission of offences under sections 302/201/34 of the Indian Penal Code.
The prayer for bail of the petitioner was rejected by the learned Addl. Sessions Judge, Padampur vide order dated 15.05.2023.
Learned counsel for the petitioner submitted that and he has been charge sheeted under sections 302/201/34/ the Indian Penal Code. Learned counsel further submitted that the co-accused Jagdish Biswal has been directed to be released on bail by this Court in BLAPL No.1908 of 2023 as per order dated 10.05.2023 and the petitioner stands on a better footing and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State after going through the evidence of the witnesses examined in the learned trial Court supplied to her fairly submitted that as per the evidence of P.W.11, who is an eye witness to the occurrence, the petitioner stands in a better footing than the co-accused Jagdish Biswal.
Considering the submissions made by the learned counsel for the respective parties, nature of accusation against the petitioner, release of the co-accused on bail and taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with such terms and conditions as the learned Court may deem petitioner shall not indulge in any criminal activities, shall appear before the learned trial Court when the case would be posted for trial and shall not try to tamper with the prosecution witnesses. Violation of any of the conditions shall entail cancellation of bail.
Violation of any of the conditions shall entail cancellation of bail.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
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