Bail application filed by a petitioner in custody under sections 395 IPC and Arms Act. Court granted bail and imposed conditions including periodic appearance before IIC on Mondays. Case disposed.
Petitioner released on bail with terms to appear before court and IIC; BLAPL disposed.
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BLAPL No.2895 OF 2019
Learned counsel for the petitioner submits that this case has been foisted against the petitioner. He also submits that in so far as the criminal antecedent of the petitioner is concerned, the petitioner having been arrested in one case is being forwarded in all other cases which are running against unknown accused person. In view of all the above, he urges for grant of bail to the petitioner.
Learned counsel for the State opposes the move in view of the criminal antecedent of the petitioner.
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 with such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions that he will appear in person before the court in seisin of the case on each date of posting of the case till conclusion of the trial and will appear before the I.I.C., Nilagiri P.S. on
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every Monday in between 10.00 A.M. to 2 P.M. for a period of six months.
The BLAPL is accordingly disposed of. Issue urgent certified copy as per rules.
……………………..
D. Dash, J.
Aks
/
2 issues framed by the court
Whether the petitioner should be released on bail given his criminal antecedents and custody period.
Whether the allegations in the pending case should be considered foisted against the petitioner.
3 provisions across 3 enactments
The Petitioner
The State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
