AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
14 paragraphs · 404 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The petitioner is an accused in connection with S.T. Case No.02 of 2023, pending on the file of learned Additional Sessions Judge, Champua, arising out of Bolani P.S. Case No.38 of 2022 for alleged commission of offences under Sections 302/201/34 of IPC.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Champua by order dated 28.02.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the petitioner is in custody since 13.08.2022 and as charge sheet has already been filed in the meanwhile, further continuance of the petitioner in custody is unwarranted.
It is stated by the learned counsel for the petitioner that the petitioner is similarly circumstanced with one Naku Mahakud who has since been released on bail by this Court by order dated 21.08.2023 in BLAPL No.1453 of 2023.
Learned counsel for the State opposes the prayer for bail and submits that in an ongoing trial, this Court ought not to indulge in microscopic examination of the materials on record.
It is apt to state here that that the said co-accused-Naku Mahakud was granted bail taking into account that one of the prime witnesses Anjali Mahakud-P.W.4 had resiled.
Taking into account the manner of implication and the release of the co-accused and keeping in view the decision of the apex Court in the case of Satender Kumar Antil vrs. Central Bureau of Investigation & another, reported in 2022 (10) SCC 51 relating to parity and that the petitioner is the first offender, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin, subject to verification of criminal antecedent of any nature.
If it comes to the fore that the petitioner has any criminal antecedent, this order shall stand recalled.
Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rules.
…………………………