This judgment grants bail to petitioners arrested in a case involving offences under sections 307/342 IPC and the Arms Act. The court noted the main allegations were against co-accused and the duration of detention while inclining to release the petitioners.
Release on bail upon furnishing a bond of Rs. 20,000.00 each with two solvent sureties.
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BLAPL No.667 of 2016
06.04.2016
Heard the learned counsel for the petitioners and learned counsel for the Stat
e.
This is an application under Section 439 Cr.P.C. in connection with G.R. Case
No.2011 of 2015 arising out of Chauliaganj P.S. Case No.234 of 2015 pending in the Court of le
arned S.D.J.M.(S), Cuttack for offences punishable under sections 342/307/34 of Indian Penal C
ode read with section 25 and 27 of the Arms Act.
The petitioners moved an application for bail before the learned Presiding Off
icer, Special Court under SC & ST (PA) Act, Cuttack which was rejected on 28.01.2016.
The learned counsel for the petitioners submits that the petitioners are in cu
stody since 23.11.2015 and the injured Rajesh Kumar Bhoi has specifically alleged that one Utt
a @ Uttam Behera instigated co-accused Guru @ Gautam Jena to fire shot at him and accordingly
the said co-accused fired. The learned counsel for the petitioners further submits that except
the allegation that the petitioners were present at the spot, there is no other allegation ag
ainst them and therefore taking account the period of detention of the petitioners in judicial
custody, the bail application may be favourably considered.
Learned counsel for the State opposed the prayer for bail.
Considering the submissions made by the learned counsels for the respective pa
rties, the nature of accusation against the petitioners and the fact that the main allegations
are against co-accused Utta @ Uttam Behera and Guru @ Gautam Jena, taking into account the pe
riod of detention of the petitioners in judicial custody,
I am inclined to release the petitioners 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.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
..
S. K. Sahoo, J.
2
1 issue framed by the court
Whether the petitioners should be released on bail in a case involving offences under sections 307/342 IPC read with the Arms Act.
3 provisions across 3 enactments
Utta @ Uttam Behera
Guru @ Gautam Jena
S. K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court