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Judgment
9 paragraphs · 389 wordsDeepak Roshan, J
Heard learned counsel for the petitioner and learned
The petitioner has approached this Court for grant of regular bail in connection with Garhwa P. S. Case No. 107 of 2023, corresponding to S.T. No.235 of 2023, registered for the offence under Sections 302, 120-B of the Indian Penal Code, pending in the Court of learned Additional Sessions Judge-I, Garhwa.
Learned counsel for the petitioner submits that pursuant to the dismissal of his earlier bail application, a development took place; inasmuch as the charge has already been framed on 05.08.2023, however, till date, none of the prosecution witness has been examined. He further submits that this is a case of circumstantial evidence and there is no eye witness to the alleged occurrence. As a matter of fact, the petitioner has been falsely implicated in this case on mere surmises and conjectures and for no offence, he is lying in custody since 16.03.2023 and he is ready to abide by every condition imposed by this court; as such the petitioner may be enlarged on bail.
Learned A.P.P. opposed the prayer for bail of the petitioner.
Having regard to the facts and the submission made by the learned counsel for the parties coupled with the fact that the charge has already been framed but no prosecution witness has been examined till date, as such, there is no likelihood of early conclusion of the trial. Accordingly, I am inclined to enlarge the petitioner on bail. Accordingly, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Garhwa, in connection with Garhwa P. S. Case No. 107 of 2023, corresponding to S.T. No.235 of 2023, subject to the following conditions:
(i) Petitioner shall not in any manner threaten the witnesses and/or do anything which will hamper the trial.
(ii) He shall appear before the learned trial court on each and every date during the trial unless exempted by the trial court on being satisfied with the causes shown by the petitioner in this regard.
If any of the condition is not fulfilled by the petitioner, the learned trial court would be at liberty to cancel the bail of the petitioner.