This bail order granted release on bail for offences under IPC 394/307/34 and Arms Act 25, imposing conditions regarding court appearances and non-tampering with witnesses.
Release on bail of Rs. 50,000 with two sureties under conditions of appearance and non-tampering.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL No.8230 of 2016
2. 06.01.2017 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 Sections 394/307/34 of the IPC rea
d with Section 25 of the Arms Act.
2. Learned counsel for the petitioner submits that the injuries are simple in nat
ure and there is no allegation against the present petitioner to have assaulted for which leni
ent view may be taken to release the petitioner on bail with any condition as deemed fit and p
roper.
3. Learned Standing Counsel for the State opposes the prayer for bail.
4. Considering the submissions of the learned counsel for the respective parties,
regard being had to the facts and circumstances of the case including the nature of offence a
nd nature of allegation, fact that the injuries are simple in nature and the fact that the pet
itioner being a local person, there is no chance of his absconding or tampering with the prose
cution evidence, let the petitioner be released on bail in connection with G.R. Case No.2062 o
f 2016 pending in the court of learned S.D.J.M. (S), Cuttack on furnishing bail bond of Rs.5
0,000/- (rupees fifty thousand) with two solvent sureties each for the like amount to the sati
sfaction of the Court in seisin over the matter with the conditions that (i) The petitioner s
hall appear before the IO at 10:00 AM on each Sunday till submission of the final form; (ii)he
shall not tamper with the prosecution witnesses directly or indirectly; and (iii) he shall no
t commit 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 -
3 provisions across 3 enactments
Petitioner
State
Dr.D.P.Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Dr.D.P.Choudhury