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Judgment
V. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in S.T. Case No.133 of 2021 (Arising out of C.T. Case No.164 of 2021), pending in the Court of learned II.nd Additional District and Sessions Judge, Balasore arising out of Soro P.S. Case No.0077 of 2021, for commission of offence alleged under Sections 302/201/34 of 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 ADJ-cum-P.O., Designated Court, OPID, Balasore, by order dated 02.03.2023 in the aforementioned case, the present BLAPL has been filed.
This is the second journey of the Petitioner to this Court. The Petitioner along with the co-accused moved this Court in BLAPL No.3377 of 2022 and by order dated 11.08.2022 while releasing the co-accused on bail primarily on the ground that she is a lady, the bail application of the present Petitioner was rejected and while doing so this Court referred to the statement of one Debendra Mallick (Sarpanch).
It is submitted by the learned counsel for the Petitioner that in the meanwhile the said Debendra Mallick (Sarpanch) examined as P.W.8 has resiled. Hence, the Petitioner seeks release.
Learned AGA for the State refutes such submission and submits that there are other materials to be examined and during the currency of trial it is not open for this Court to evaluate the evidence on record.
Considering the nature of allegations in the case at hand and the role ascribed to the Petitioner, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
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 rule.
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