Heard learned counsel for the petitioner and the learned Additional Standing Counsel for the S
tate on the application under section 439 Cr.P.C. for release of the petitioner on bail who al
legedly involved for the offence under Sections 147/148/435/ 506/120(B)/149 of IPC and Section
s 25(1-a)/27 of Arms Act, read with Section 7 of CRLA Act and read with Sections 3 and 5 of E
.S. Act. The I.O. of the case is also present.
Learned counsel for the petitioner submits that 30 unknown persons fired gun to the JC
B driver and name of the petitioner does not find place in the statement of the informant to h
ave got any complicity with the commission offence. He further submits that the petitioner bei
ng a woman and is in custody since 3 and half years and trial of the case has already been co
mmenced, for which lenient view may be taken to release the petitioner on bail on any conditio
n as deemed just and proper. Learned Addl. Standing Counsel without disputing the submissions
of the learned counsel for the petitioner opposes the prayer for bail. I.O. also did not dispu
te the contention of the learned counsel for the petitioner.
Considering the submissions of learned counsel for the respective parties, regard being
had to the facts and circumstances of the case including the fact that her name does not find
place in the statement of the informant, fact that co-accused persons have already been releas
ed on bail as submitted by the learned counsel for the petitioner, fact that the petitioner is
in custody for more than three years, fact that trial has already commenced, fact that the p
etitioner being a local woman there is no chance of her absconding or influencing the witnesse
s, let the petitioner be released on bail on furnishing bail bond of Rs.50,000.00 (rupees fift
y thousand) with two solvent sureties each for the like amount to the satisfaction of the lear
ned Additional Sessions Judge, Bhanjanagar in S.T. No.234 of 2015 with the conditions that