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Judgment
12 paragraphs · 501 wordsS.S. Mishra, J
This is an application under Section-439 Cr.P.C.
The petitioner is an accused in connection with Khandapada P.S. Case No.52 of 2022 corresponding to G.R. Case No.50 of 2022 for the offence under Sections-294/323/341/325/307/506/34 IPC pending in the Court of the learned J.M.F.C., Khandapada.
The allegation against the petitioner is that on 24.02.2022 at about afternoon while the informant had been to cast his vote in the polling booth, the present petitioner along with 10 others came and forced the informant to cast his vote in favour of a particular party by offering money. The informant without giving any heed had cast his vote of his own choice. When he was returning home, the accused persons restrained him in front of his house. All the miscreants abused the informant and one Sunil Naik assaulted him by deadly weapons for which he sustained serious injury on his head. The other miscreants also assaulted him and gave threatening that if any case is instituted against them, they will finish him and implicate him in false case. There are cross-cases registered inter se the parties. Learned counsel for the petitioner submits that there are six criminal antecedents against the petitioner in the present case.
The co-accused Sunil Nayak has been enlarged on anticipatory bail by the coordinate Bench on 17.08.2022, while disposing of the ABLAPL No.3487 of 2022. Although the allegation against the petitioner is that of the offence under Section 307 IPC but perusal of the medical documents indicates that the injuries are simple in nature.
The petitioner had approached the learned Asst. Sessions Judge, Khandapada praying for grant of bail. The learned Court below vide its order dated 18.01.2024 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.
Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one.
Taking into consideration the period of custody from 05.01.2024, the nature of accusation and according to the medical documents, the injuries are simple in nature and the criminal antecedents against the petitioner, I am inclined to admit the petitioner on bail.
Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to the further condition that he shall cooperate with the investigation and shall not tamper with the evidence in any manner whatsoever and subject to verification of similar type of antecedents of the petitioner, subject to the further condition that the petitioner shall report before the I.I.C., Khandapada Police Station being physically present on each Sunday for three months.
Non-cooperation in the investigation and/or violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.
The BLAPL is accordingly disposed of.
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