Application under Section 439 CrPC for bail in offences of cruelty, attempted murder, and grievous hurt rejected present counsel and State representation. Court granted bail due to prolonged detention despite serious charges.
Petitioner released on bail with conditions preventing criminal activity.
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BLAPL NO. 3131 OF 2018
None is present on behalf of the State-opposite party. The records pertaining to the case has also not been placed.
The petitioner has filed this application under section 439 of Code of Criminal Procedure in connection with G.R. Case No. 693 of 2017 arising out of Khallikote P.S. Case No. 282 of 2017 pending on the file of learned J.M.F.C., Khallikote. Perusal of the order of the learned Assistant Sessions Judge, Khallikote reveals that the petitioner in the instant case, running for alleged commission of offence under sections 498-A/307/326 IPC has been in custody since 26.11.2017. He has his minor son and daughter and the wife of the petitioner is the injured victim.
Considering the nature of accusations; further viewing the long period of detention of the petitioner as well as all other surrounding circumstances when no such impediment at present is shown to be surfacing, it is directed that the petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin of the case with the further condition that he will not indulge in any criminal activity.
BLAPL is accordingly disposed of.
This order be communicated immediately to the persons concerned.
Issue urgent certified copy as per rules.
…………………….. D. Dash, J.
2 issues framed by the court
Whether the petitioner should be released on bail in FIR No. 282 of 2017 involving offences under sections 498-A/307/326 IPC considering the length of detention and nature of accusations.
Whether bail conditions should be imposed to prevent criminal activity.
1 provisions across 1 enactments
BLAPL No. 3131 of 2018 Applicant
State-opposite party
D. Dash, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
