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Judgment
16 paragraphs · 404 wordsV. Narasingh, J
Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant.
The petitioner is an accused in connection with G.R. Case No.621 of 2023, pending in the Court of the learned J.M.F.C., Khallikote arising out of Khallikote P.S. Case No.243 of 2023, for alleged commission of offences under Sections 341/323/324/307/384/506/34 of IPC read with Section 25(1-B)(a) of Arms Act.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Khallikote, by order dated 12.05.2023 in the aforementioned case, the present BLAPL has been filed
It is submitted by the learned counsel that the petitioner is in custody since 26.04.2023 and as investigation has progressed substantially, his further continuance in custody is unwarranted.
Learned counsel for the State as well as informant oppose the prayer for bail inter alia on the ground that the present petitioner was present and shared the common intention.
This Court perused the statement of the injured Jiban Sahu @ Alok Sahu as placed by the learned counsel for the petitioner. In the said statement, no overt act has been attributed to the present petitioner.
It is further submitted by the learned counsel on instruction that the petitioner is the first offender.
Considering the nature of allegations qua the petitioner, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
Before releasing the petitioner on bail, learned Court in seisin is called upon to verify criminal antecedent of the petitioner. If it comes to the fore that the petitioner has any criminal antecedent, this order shall stand recalled.
Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every week till submission of final form on such date and time to be fixed by the learned Court in seisin. Certification of such appearance shall be submitted to the learned Court in seisin.
It is further directed that the petitioner shall not in any way try to intimidate the victim and his family.
It shall be open to the victim and his family to seek variance of this order, in case there is any threat perception.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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