SingleJudge allowed bail application under Section 439 Cr.P.C. Reconsidering earlier rejection, court directed release due to trial progress and omnibus nature of allegations, setting a bail bond with sureties.
Petitioner released on bail on furnishing bond of Rs.20,000/- with two local sureties for like amount.
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BLAPL No. 192 of 2019
This is an application under section 439 Cr.P.C. in connection with Jenapur P.S. Case No.168 of 2017 corresponding to C.T.Case No.120 of 2018 pending in the Court of learned Addl. Sessions Judge, Jajpur for alleged commission of offences under sections 147, 148, 325, 302/149 of the Indian Penal Code.
The petitioner moved his application for bail before the learned Addl. Sessions Judge, Jajpur, which was rejected on 28.01.2019.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 30.10.2017 and his earlier bail application in BLAPL No.706 of 2018 was rejected on 12.07.2018 and the learned trial Court was directed to expedite the framing of charge and examine the eye witness Chandan Kumar Mallik and the petitioner was given liberty to renew his prayer for bail after examination of the said witness. Learned counsel for the petitioner has produced the certified copy of deposition of Chandan Kumar Mallik and submitted that the said eye witness has stated in an omnibus manner regarding the participation of the petitioner along with other co-accused persons in the assault of the deceased and since the trial has progressed and the star witness on behalf of the prosecution has already been examined, at this stage, there is no chance of tampering with the evidence and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State has placed the statement of P.W.2 Chandan Kumar Mallik.
Considering the submissions made by the learned counsel for the respective parties, omnibus nature of allegation against the petitioner, the period of detention of the petitioner in judicial custody as well as progress of the trial, I am inclined to reconsider the prayer of the petitioner for bail and direct him to be released on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.20,000/- (rupees twenty thousand) with two local sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter and with further conditions as the learned Court may deem just and proper.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
S.K.Sahoo,J.
PKSahoo
1 issue framed by the court
Whether the petitioner is eligible for release on bail considering the progress of trial and nature of custody.
1 provisions across 1 enactments
The Petitioner
The State
S.K. Sahoo
As recorded by the court registry
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