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Judgment
8 paragraphs · 399 wordsK.H.N. Kuranga, C.J.
Heard both the counsel.
This petition u/s 439 Cr.P.C. has been filed by applicant-Uday Kumar Jain for grant of bail. He is one of the accused in Crime No. 38 of 2002 registered in Police Station : Khamtarai, for the offences punishable under Sections 147, 148, 149 and 302 of I.P.C.
The incident took place on 06.02.2002 at about 6.30 p.m. In respect of this incident, it is submitted that two complaints were filed namely, one complaint by Mahesh and another by Harikesh. On the complaint filed by Harikesh, a case in Crime No. 37/2002 was registered by the Police and on the complaint filed by Mahesh, a case in Crime No. 38/2002 was registered.
It is submitted that Harikesh, one of the accused in Crime No. 38/2002 has been released on bail by this Court in M.Cr.C.No. 45/2003 by its order dated 24.01.2003, which is not disputed by the learned counsel for the State. It is submitted that complainant Mahesh, eye witnesses and the seizure witnesses have turned hostile, which is also not disputed by the learned counsel for the State.
It is submitted that in Crime No. 37/2002 accused Pawan Kumar was released on bail by this Court in M.Cr.C.No. 2285/2002 by its order dated 04.12.2002 and accused Bhuwan & Mahesh were released on bail by this Court in M.Cr.C.No. 55/2003 by its order dated 09.01.2003, which is also not disputed by the learned counsel for the State. Mahesh @ Bidi, Amit Das, Sunny @ Prem Kumar and Ravi Naik were released on bail by this Court in M.Cr.C.No 255/2003 by its order dated 03.03.2003, which is also not disputed by the learned counsel for the State. It is submitted that complainant Harikesh, eye witnesses and seizure witnesses have also turned hostile, which is also not disputed by the State counsel.
In the circumstances, I am of the opinion that the applicant is also entitled to be released on bail. Accordingly, the petition is allowed and applicant -Uday Kumar Jain is directed to be released on bail on his executing a bond in the sub of Rs.5000/- with two sureties for the like sum to the satisfaction of the concerned Court, for his appearance before the said Court/trial Court of as and where so directed.
In view of this order, I.A.No. 707/2003 stands disposed of Parties are entitled for certified copy of this order.