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Judgment
Pradeep Kumar Srivastava, J
Heard, learned counsel for the parties.
The petitioner has been made accused in connection with Chandwa P.S. Case No. 93 of 2019 corresponding to G.R. No. 112 of 2022 (S.T. No. 148 of 2023) instituted under Sections 147, 148, 149, 341, 323, 385, 386, 438 and 427 of the I.P.C., Section 27 of the Arms Act and Section 17(i) (ii) of the C.L.A. Act.
Learned counsel for the petitioner has submitted that earlier the bail application of the petitioner was rejected vide order dated 05.07.2023 passed in B.A. No. 3532 of 2023 with liberty to the petitioner to renew his prayer for bail after seven months. Now, more than one year has elapsed and petitioner is in custody since 22.11.2021. It is further submitted that one of the co-accused namely, Mohar Ganjhu @ Manojar Ganjhu has been granted anticipatory bail by this Court vide order dated 14.09.2022 passed in A.B.A. No. 5663 of 2022. Petitioner undertakes to co-operate in trial of the case and he remain physically present on each and every date fixed by the trial court and also abide by all terms and conditions which may be imposed in the matter of granting bail to the petitioner. Hence, the petitioner may be extended the privilege of bail.
Learned counsel appearing for the State opposes the prayer for bail of the petitioner, but has not disputed the fact that co-accused namely, Mohar Ganjhu @ Manojar Ganjhu has been granted anticipatory bail by this Court.
Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record and period of custody of the petitioner, I am inclined to release the above-named petitioner, on bail. Accordingly, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Latehar, in connection with Chandwa P.S. Case No. 93 of 2019 corresponding to G.R. No. 112 of 2022 (S.T. No. 148 of 2023), subject to the conditions:
(i) Petitioner shall remain physically present on each and every date till the conclusion of the trial of this case unless prevented from sufficient cause to the satisfaction of the learned Trial Court.
(ii) Petitioner shall not indulge in any or other similar offence till the conclusion of the trial.
(iii) Petitioner shall not indulge in tampering with the prosecution evidences or influencing the prosecution witnesses.
In case of violation of the aforesaid conditions, the bail of the petitioner shall be cancelled and shall be taken into custody by the learned Trial Court.