This bail application under Section 439 Cr.P.C. was allowed for an accused facing charges of murder and culpable homicide. The High Court noted the absence of a Trial Identification parade due to the informant's refusal and granted bail.
Released on bail by furnishing a bond of Rs. 20,000/- with two solvent sureties of the like amount.
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BLAPL No.7372 of 2015
18.4.2016
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner i
n connection with G.R. Case No. 332(A) of 2014 corresponding to Baideswar P.S. Case No. 81 of
2014 pending in the Court of learned SDJM, Banki for offences punishable under sections 457/3
95 of Indian Penal Code.
The petitioner moved an application for bail before the learned 3rd Addl.Sessions Judg
e, Cuttack which was rejected on 22.12.2015.
Learned counsel for the petitioner submits that the petitioner is in custody since 17.
11.2015 and in the meantime, after completion of investigation, charge sheet has been submitte
d and no T.I. parade has been conducted to establish the identity of the petitioner in connect
ion with the crime.
Learned counsel for the State submits that no T.I. parade was conducted as the informant
refused to participate in the T.I. Parade.
Considering the submissions made by the learned counsels for the respective parties, n
ature of accusation against the petitioner, absence of any prima facie material regarding the
involvement of the petitioner in the crime as well as the period of detention of the petition
er in judicial custody, I am of the opinion that it is a fit case for grant of bail to the pet
itioner.
Let the petitioner be released on bail in the aforesaid case on furnishing a bail bo
nd of Rs. 20,000/- (Rupees twenty thousand) with two solvent sureties each for the like amount
to the satisfaction of the learned Court in seisin over the matter with further terms and co
nditions as the learned Court may deem just and proper.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
S.K.Sahoo, J.
2
2
2 issues framed by the court
Whether the petitioner is eligible for bail in connection with an offence under sections 457/395 of the Indian Penal Code.
Whether the absence of a Trial Identification parade to establish the petitioner's identity warrants granting bail.
2 provisions across 2 enactments
BLAPL No.7372 of 2015
The State
S.K.Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court