The bench allowed the petitioner's bail plea under Section 439 CrPC. Since co-accused are on bail, the petitioner shall be released on bail upon arrest by terms set by the arresting officer.
Petitioner directed to be released on bail upon arrest by terms and conditions to be framed by the arresting officer.
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ABLAPL NO.12157 OF 2018
Learned counsel for the petitioner submits that although in the FIR, the name of the petitioner does not find mention, in the charge-sheet, the petitioner has been shown as an accused. He further submits that co-accused persons, who are similarly situated with the petitioner, are on bail by the order of this Court passed in ABLAPL No.832 of 2018. It is his submission that the material against the petitioner is the statement of the co-accused person. In view of the above, he urges for grant of bail to the petitioner.
Learned State counsel opposes the move.
Considering the submission and the accusations made against the petitioner, further keeping in view the surrounding circumstances, it is directed that in the event of arrest of the petitioner in Balasore Town P.S. Case No.49 of 1995 corresponding to G.R. Case No.247 of 1995 on the file of the learned S.D.J.M., Balasore; he shall be released on bail by the Arresting Officer on such terms and conditions as the Arresting Officer may deem just and proper.
The ABLAPL is disposed of.
Issue urgent certified copy as per rules.
…………………….. D. Dash, J.
Basu
1 issue framed by the court
Whether bail should be granted to the petitioner charged in a criminal case where co-accused are already on bail.
Petitioner
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
