The court granted bail to a petitioner alleged to be involved in murder. The order cited lack of direct evidence, presence of a co-accused as the principal culprit, and the petitioner's local presence, denying risk of absconding.
Petitioner released on bail by furnishing a bond of Rs. 50,000 with two solvent sureties each for a like amount.
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BLAPL No.8117 of 2016
11.05.2017
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 Section 302 of IPC.
Learned counsel for the petitioner submits that there is no direct material against th
e present petitioner to prove his complicity with the commission of offence. He further submit
s that the petitioner has been arrested only out of suspicion and in the meantime charge sheet
has been submitted, for which lenient view may be taken to release the petitioner on bail on
any condition as deemed 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 statement of the eye witnesses h
ardly disclosing the exact overt act of the present petitioner to cause death of the deceased
whereas the principal culprit is co-accused Gautam, fact that there is no direct material agai
nst the petitioner, fact that charge sheet in this case has been filed and the fact that the p
etitioner being a local person there is no chance of his absconding or influencing the witness
es, let the petitioner be released on bail on furnishing bail bond of Rs.50,000.00 (rupees fif
ty thousand) with two solvent sureties each for the like amount to the satisfaction of the lea
rned Additional Sessions Judge, Bhadrak in S.T. Case No.21/156/162 of 2016 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 directly or indirectly; a
nd (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 charged with murder under Section 302 IPC should be released on bail.
2 provisions across 2 enactments
The Petitioner
The State
Dr.D.P.Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court