The High Court granted bail to the petitioner in a case under Section 506 IPC and EO Act. The court noted the FIR lacked involvement details and no recovery was made. Release was conditioned on specific appearances and conduct.
Release on bail with Rs. 50,000 bond and two sureties, conditional on Sunday appearances and non-tampering.
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BLAPL No.8152 of 2016
2. 02.01.2017 Heard learned counsel for the petitioner and t
he learned State Counsel on the application under section 439 Cr.P.C. for release of the petit
ioner on bail who allegedly involved with the offence under Section 506 of the IPC and Section
9 (B) of the E.A. Act.
2. Learned counsel for the petitioner submits that the FIR does not disclose abou
t the involvement of the present petitioner, there is no recovery from the possession of the p
etitioner, who has been falsely implicated in this case and remanded while he was in custody i
n connection with G.R. Case No.2016 of 2016 for which the present petitioner may be released o
n bail by taking a lenient view on bail with any condition as deemed fit and proper. Learned c
ounsel for the State opposes the prayer for bail.
3. Considering the submission of the learned counsel for the respective parties a nd regard being had to the facts and circumstances of the case and the nature of offence inclu ding the fact that the FIR does not disclose anything about the involvement of the present pet itioner, fact that nothing has been seized from the petitioner and the fact that the petitione r, being a local person, there is no chance of his absconding or tampering with the prosecutio n evidence, let the petitioner be released on bail in connection with G.R. Case No.1565 of 201 6 pending in the court of learned S.D.J.M. (S), Cuttack on furnishing bail bond of Rs.50,000 /- (rupees fifty thousand) with two solvent sureties each for the like amount to the satisfact ion of the Court in seisin over the matter with the conditions that (i) The petitioner shall appear before the IO at 10:00 AM on each Sunday till submission of the final form; (ii)he shal l not tamper with the prosecution witnesses directly or indirectly; and (iii) he shall not com mit any offence while on bail.
4. 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
Basu
2 -1 issue framed by the court
Whether the petitioner is entitled to bail in a case alleging involvement under Section 506 IPC and EO Act?
1 provisions across 1 enactments
Petitioner
State
Dr. D.P. Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court