The court allowed the petitioner's application for bail in a murder and arms act case, noting no direct material against him and granting bail on a ₹50,000 bond with conditions.
Petitioner released on bail of Rs.50,000 with two sureties, conditioned to appear, not tamper with witnesses, and not commit further offences.
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BLAPL No.7320 of 2016
03.01.2017
Heard learned counsel for the petitioner and the learned Additional Standing Counsel f
or the State on the application under section 439 Cr. P.C. for release of the petitioner on ba
il who allegedly involved for the offence under Sections 302/120-B/201/34 of IPC read with Sec
tions 25(1-B)(a)/27 of Arms Act.
Learned counsel for the petitioner submits that there is no direct material against th
e present petitioner to have committed the offence and the co-accused persons have already bee
n released on bail. He further submits that in the meantime the charge sheet has been submitte
d, for which lenient view may be taken to release the petitioner on bail on any condition as d
eemed just and proper. Learned Addl. Standing Counsel opposes the prayer for bail.
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 there is no direct mat
erial against the present petitioner except the statement of the co-accused persons, fact that
co-accused persons have already been released on bail, fact that charge sheet in this case ha
s been filed and fact that the petitioner being a local person there is no chance of his absco
nding or influencing the witnesses, let the petitioner be released on bail on furnishing bail
bond of Rs.50,000.00 (rupees fifty thousand) with two solvent sureties each for the like amoun
t to the satisfaction of the learned Additional Sessions Judge, Aska in S.T. Case No.62 of 20
16 with the conditions that (i)The petitioner shall appear before the court in seisin over the
matter on each date of posting;(ii) he shall not tamper with the prosecution witnesses direct
ly or indirectly; and(iii) he shall not commit any offence while on bail.
Violation of any of the aforesaid terms shall entail cancellation of the bail.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
Dr.D.P.Choudhury, J.
2
1 issue framed by the court
Whether the petitioner, alleged to have committed offences under IPC and Arms Act, should be released on bail given the lack of direct evidence and charge sheet filing.
2 provisions across 2 enactments
Petitioner
The State
Dr.D.P.Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court