Single judge granted bail to the petitioner accused of offences under Sections 379/411/120(B) IPC in an application under Section 439 Cr.P.C., imposing a bond and standard conditions given recovery of the vehicle and no incriminating material found.
Petitioner released on bail on furnishing bond of Rs.50,000 with two solvent sureties each for similar amount.
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BLAPL No.8412 of 2016
16.01.2017 Heard learned counsel for the petitioner and the learned Additional St
anding Counsel for the State on the application under section 439 Cr.P.C. for release of the p
etitioner on bail who allegedly involved for the offence under Sections 379/411/120(B) of IPC.
Learned counsel for the petitioner submits that the F.I.R. has been lodged against unk
nown person and the vehicle has been already recovered but no incriminating material has been
seized from the possession of the present petitioner. He further submits that 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 without di
sputing the facts 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, considering the nature of the offence, fact t
hat vehicle has been already recovered, fact that charge sheet in this case has been filed an
d the fact that the petitioner being a local person, there is no chance of his absconding or i
nfluencing 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 amount to the s
atisfaction of the learned SDJM, Jharsuguda in G.R. Case No.587 of 2016 with the conditions th
at (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; 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
2 issues framed by the court
Whether the petitioner is entitled to be released on bail under Section 439 Cr.P.C. considering the nature of the offence, recovery of the vehicle, filing of charge sheet, and lack of incriminating ma
What bail conditions are appropriate for the petitioner's release.
2 provisions across 2 enactments
Petitioner
State
Dr. D.P. Choudhury
As recorded by the court registry
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