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Judgment
13 paragraphs · 300 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The petitioner is an accused in connection with G.R. Case No.1705 of 2022, pending before the Court of the learned J.M.F.C., Aska, arising out of Dharakote P.S. Case No.302 of 2022, for alleged commission of offence under Sections 341/294/307/323/506/324/325/34 IPC.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Aska, by order dated 05.07.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 21.06.2023 and the charge sheet in the case at hand has been filed on 27.11.2022 showing him as an absconder.
On instruction, learned counsel for the Petitioner, referring to the statement of the injured Kanha Biswal, submits that the Petitioner has not been named as one of the aggressors.
Learned counsel for the State on verification of the record does not dispute the same but he opposes the prayer for bail on the ground that the Petitioner has been cited as an absconder.
It is stated by the learned counsel, on instruction, that the Petitioner is the first offender.
Taking into account the nature of allegation 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.
Before releasing the Petitioner on bail, learned Court in seisin shall verify criminal antecedent of any nature. If it comes to the fore that the Petitioner has any criminal antecedent, this order shall stand recalled.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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