AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
9 paragraphs · 243 wordsSashikanta Mishra, J
This matter is taken up through hybrid mode.
Heard learned counsel for the petitioners and learned Addl. Standing Counsel for the State.
The petitioners are in custody since 30.08.2023 in connection with Kabisuryanagar P.S. Case No.526 of 2023 corresponding to G.R. Case No.514 of 2023 pending in the Court of learned J.M.F.C., Kabisuryanagar for the alleged commission of offence under Sections 302/307/324/34/120-B of IPC.
It is alleged that the petitioners instigated the principal offenders, namely Punia Nahak and Gagan Nahak, who assaulted the husband of the informant by means of kati casing fatal blows on his head. Perusal of the materials available in the case diary reveals that in so far as the petitioners are concerned there is no allegation of assault against them. It is only alleged that they instigated the principal offenders. Such allegations also appear to be general and omnibus in nature.
Taking into considering the above fact as also the period of detention of the petitioners in custody, I am inclined to allow the prayer for bail. Let the petitioners be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that they shall personally appear before the trial Court on each date of posting of the case without fail.
BLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
....…………………………..