The High Court granted bail to a petitioner in custody for alleged offences under IPC 302/201/34. Despite the State's opposition citing strong motives, the Court observed circumstantial evidence was weak and released the petitioner on appropriate terms.
Petitioner released on bail on such terms and conditions as deemed just and proper by the court.
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BLAPL NO. 2220 OF 2018
Learned counsel for the petitioner submits that the case is based on circumstantial evidence. He further submits that this petitioner having been arrested in the case has been in custody since 06.09.2017. He submits that although it is said that the petitioner had led the police to give recovery of a hammer and in course of investigation yet; no such material has come to surface connecting that hammer in the incident. He further submits that simply it is stated that petitioner was objecting to the illicit relationship of the deceased who happens to be his father with another lady. It is his submission that the mother and the elder brother of this petitioner have also been arraigned in the case. In view of all the above, when there remains least scope on the part of the petitioner to flee from justice and tamper the evidence and the petitioner has no criminal antecedent, he urges for grant of bail to the petitioner.
Learned counsel for the State opposes the move. According to him, the circumstances as emanate from the materials collected in course of investigation, prima facie
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complete the chain. He further submits that strong motive on the part of the petitioner and others to take such extreme step has been ascertained.
Considering the submissions made and on going through the materials available on record; further keeping in view the surrounding circumstances including the period of detention of the petitioner in custody, 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.
The BLAPL is accordingly disposed.
Issue urgent certified copy as per rules.
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Narayan
1 issue framed by the court
Whether the petitioner should be released on bail in a case involving serious offences under IPC 302/201/34 based on circumstantial evidence and lack of prior criminal antecedents.
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
