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Judgment
13 paragraphs · 355 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in G.R. Case No.726 of 2023 pending on the file of learned J.M.F.C., Khallikote, arising out of Kodala P.S. Case No.173 of 2023 for commission of the offence under Sections 387/506/507/120-B/34 IPC and Sections 25(1-B)(a)/25(6) of the Arms Act read with Section 3/ 4 of the Explosive Substance Act.
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, Khallikote, by order dated 22.09.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 19.4.2023 and charge sheet has been filed on 05.10.2023.
It is further submitted that the co-accused Muna Gouda and Pintu @ Sankarsan Sahu have been released on bail by order dated 08.09.2023 and 13.09.2023 in BLAPL Nos.9416 of 2023 and 9279 of 2023 respectively. Hence, he seeks release, inter alia, on the ground of parity.
Learned counsel for the State opposes the prayer for bail in view of the criminal proclivity of the Petitioner, which is borne out from the affidavit filed at the behest of the Petitioner.
Taking into account the nature of allegation, release of the co-accused and since no one has suffered any injury, as rightly submits by the learned counsel for the State providentially, 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 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 rules.
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