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Judgment
16 paragraphs · 439 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.1055 of 2022 pending on the file of learned J.M.F.C., Basudevpur, arising out of Chudamani Marine P.S. Case No.147 of 2022 for commission of the offence under Sections 394/34 IPC and Section 25(1)(a)/25(1-B)(a)/27(1) of the Arms 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 Asst. Sessions Judge, Basudevpur by order dated 28.09.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner has been remanded in the case at hand on 27.4.2023 and as charge sheet has been filed on 23.8.2023, he may be released on bail.
The accusation against the present Petitioner is that he along with co-accused accosted the Informant and robed him of cash of Rs.30,050/- and mobile phone.
It is further submitted that the FIR has been filed against unknown persons and the Petitioner has been implicated on the basis of the statement of the co-accused and on account of his criminal proclivity.
An affidavit has been filed at the instance of the Petitioner indicating that the Petitioner has 3 criminal antecedents apart from the case at hand.
Learned counsel for the State opposes the prayer for bail.
Considering the manner of implication and filing of the charge sheet, 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 twice 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.
Before releasing, learned Court in seisin is requested to verify as to whether the Petitioner has any other criminal antecedent other than 3 criminal antecedents, which has been reflected in the affidavit, which is on record. If it comes to fore that the Petitioner has any other additional criminal antecedent other than 3 criminal antecedents and the case at hand, this order shall not be given effect to.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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