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Judgment
14 paragraphs · 384 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.20 of 2022, pending in the Court of learned Addl. Sessions Judge, Champua, arising out of Barbil P.S. Case No.33 of 2022, for alleged commission of offences under Sections 302/34 IPC.
Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.
Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Addl. Sessions Judge, Champua, by order dated 11.12.2023 in the aforementioned case, the present BLAPL has been filed.
This is the third journey of the Petitioner to this Court. Earlier bail application of the Petitioner was rejected by order dated 28.07.2022 in BLAPL No.4113 of 2022 thereafter taking into account the statement of P.W.2- wife of the deceased, this Court rejected the bail application of the Petitioner by order dated 31.07.2023 in BLAPL No.10509 of 2022.
It is submitted by the learned counsel for the Petitioner referring to the order of rejection and the materials on record that the subsequent statement of the witnesses do not lend credence to the allegation as made and in such view of the matter, the Petitioner is entitled to be released on bail.
Learned counsel for the State submits that it is trite law that this Court ought not to make a clinical examination of evidence on record during pendency of the trial.
On perusal of the record dated 31.07.2023, it is seen that this Court on going through the deposition of P.W.2 was not inclined to entertain the application.
Keeping in view that the matter is pending trial and since there is no change in circumstance, this Court is not inclined to entertain this bail application of the Petitioner at this stage.
It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 22.02.2022 and the material witnesses have already been deposed.
Taking the same into account learned Court in seisin is requested to conclude the trial as expeditiously as possible.
Accordingly, the BLAPL stands disposed of.
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