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Judgment
14 paragraphs · 382 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.86 of 2023 pending on the file of learned Sessions Judge, Sonepur, arising out of Binka P.S. Case No.114 of 2023 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.
This is the second journey of the Petitioner to this Court, inasmuch as, it is stated in the certificate that BLAPL No.7063 of 2023 filed by the Petitioner was disposed of by order dated 05.07.2023.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Sonepur by order dated 18.12.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 22.05.2023 and as charge sheet has already been filed on 15.09.2023, his further continuance in custody is not warranted.
It is further submitted by the learned counsel that Petitioner is not a named accused and even if the entire prosecution case is accepted at its face value the allegation that is made out against him is 201 of IPC and hence his further incarceration is not justified.
Learned counsel for the State opposes the prayer for bail and submits that the accusation is inter alia under Section 34 of IPC and hence, the Petitioner ought not to be released bail at this stage.
Considering the statement of the witnesses relied upon by the learned counsel for the State, 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 Petitioner shall appear before the jurisdictional police station once every month 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 rules.
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