Allowed

Bharat Bhoi v. State of Orissa

Orissa HC8 Apr 2016BLAPL/1212/2016

Case brief

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What is this about?

In a bail application under Section 439 Cr.P.C. regarding offences under the IPC and Explosives Acts, the court considered the lack of criminal antecedents and substantial investigation progress. The single-judge bench ordered the release of petitioners on bail with a bond of Rs. 20,000 and two sureties.

What did the court decide?

Petitioners released on bail with bond of Rs. 20,000 each and two solvent sureties for like amounts.

This is an application under Section 439 Cr.P.C. in connection with G.R. Case No. 36 of 2016, arising out of Chauliaganj P.S. Case No. 4 of 2016 pending in the Court of lea rned S.D.J.M.(S), Cuttack for offences punishable under Sections 387/120-B/34 of the Indian Pe nal Code and section 3 of the Explosives Substances Act, 1908 and section 9-B of the Explosive s Act, 1884.

The petitioners moved an application for bail before the learned 1st Additiona l Sessions Judge, Cuttack which was rejected on 02.02.2016. Learned counsel for the petitioners submits that the petitioners are in custod y since 18.01.2016 and in the meantime investigation has made substantial progress. The learne d counsel for the petitioners further submits that there are no criminal antecedents against t he petitioners and there is also no direct evidence that the petitioners exploded the bomb nea r the petrol pump.

Considering the submissions made by the learned counsels for the respective pa rties, the nature of accusation available on record, absence of criminal antecedents and the p eriod of detention of the petitioners in judicial custody, I am inclined to release the petiti oners on bail.

Let the petitioners be released on bail in the aforesaid case on furnishing ba il bond of Rs.20,000.00 (rupees twenty thousand) each with two solvent sureties each for the l ike amount to the satisfaction of the Court in seisin over the matter with further terms and c onditions as the learned Court may deem just and proper.

Bharat Bhoi v. State of Orissa

Case brief

What is this about?

What did the court decide?

Bharat Bhoi v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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