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Judgment
15 paragraphs · 405 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in connection with G.R. Case No.733 of 2022, pending in the court of the learned J.M.F.C., Barbil, arising out of Barbil P.S. Case No.217 of 2022, for alleged commission of offences under Sections 395/397 IPC and Sections 25/27 of the Arms Act.
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 18.01.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 13.09.2022 on the allegation of forcibly taking away the Scorpio vehicle on denial of extortion money.
It is further submitted by the learned counsel that as the vehicle in question has already been recovered and a knife was seized from him and in the meantime charge sheet has been filed, he may be released
Learned counsel for the Petitioner, on instruction, submits that the co-accused has been released on bail by the learned Court in seisin by order dated 24.09.2022 in B.A No.263 of 2022.
Learned counsel for the State opposes the prayer for bail, inter alia, on the ground that the present Petitioner has a criminal antecedent under Section 302 IPC (Barbil P.S. Case No.127 of 2021) as noted by the learned Court in seisin while rejecting the bail application of the present Petitioner
Learned counsel for the Petitioner, on instruction, submits that the charge sheet in the said case has been filed on 2.10.2021, inter alia, under Section 306 IPC.
Learned counsel for the State does not dispute such submission on perusal of the case diary.
Taking into account the nature of allegation and the period of custody, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
Keeping in view the criminal proclivity, 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 Court in seisin.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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