Krishna Nand Tripathi vs Alok Chaurasiya

Heard learned counsel for the parties.

Petitioner is an accused in a case registered for the offences punishable under Sections 302 / 34 of the Indian Penal Code and also under Section 27of the Arms Act.

Learned counsel for the petitioner submits that earlier the bail application of the petitioner was rejected vide order dated 13.02.2017 in B.A. no. 8367 of 2016. By way of the present bail application, the petitioner has renewed his prayer for regular bail. The main submission of the learned counsel for the petitioner is that earlier the bail application of the petitioner was rejected primarily on the ground that the bail application of co-accused Bishwanath Pratap Singh @ Vishwa Nath Pratap Singh @ B.P. was also rejected by a co-ordinate Bench of this Court. However, subsequently, on renewal of his payer for bail, co-accused Bishwanath Pratap Singh @ Vishwa Nath Pratap Singh @ B.P. has been granted bail vide order dated 28.04.2017 in B.A. no. 2881 of 2017 (Annexure-3 to the bail application). Moreover, the informant has already turned hostile during the trial. Under the said circumstance, the petitioner, who is in judicial custody since 28.06.2015, may be given the privilege of regular bail.

Learned A.P.P. opposes the petitioner''s prayer for bail. Considering the aforesaid facts and circumstances, I am inclined to enlarge the petitioner on bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Judicial Commissioner-XIII, Ranchi in connection with S.T. Case no. 105 of 2016 arising out of Dhurwa P.S. Case no. 262 of 2014 corresponding to G.R. No. 6635 of 2014.