The court dismissed a bail application filed under Section 439 CrPC by a petitioner in custody, declining the prayer due to the seriousness of the allegations and the stage of trial in a case involving murder under Section 302 IPC and provisions of the SC/ST (PA) Act.
Bail application dismissed; petitioner remains in custody.
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BLAPL NO. 1862 OF 2018
The petitioner being in custody in connection with Nilagiri P.S. Case No. 248 of 2017 corresponding to Special Case No. 246/386 of 2017 on the file of learned ADJ-cum-Special Judge (SC/ST), Balasore running for alleged commission of offence under section 302 of the IPC read with section 3(2)(v) of the SC & ST (PA) Act has filed this application under section 439 of the Cr.P.C. for his release on bail..
Heard learned counsel for the petitioner and learned counsel for the State.
Considering the submissions made and keeping in view the role of the petitioner as said to have been played by him in relation to the incident as those emanates from the materials on record and seriousness of the allegation and the stage of trial; as well as the other surrounding circumstances; I am not inclined to accept the prayer for grant of regular bail to the petitioner.
Accordingly, the BLAPL stands dismissed.
Issue urgent certified copy as per rules.
Narayan
1 issue framed by the court
Whether to grant regular bail to the petitioner who is in custody in a special case under Section 302 IPC read with Section 3(2)(v) SC/ST (PA) Act.
2 provisions across 2 enactments
Petitioner
State
Narayan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
