In this bail application, the Single Judge before whom the case was pending below granted bail to the petitioner, observing the delay in investigation and lack of substantive evidence beyond a confessional statement.
The petitioner is released on bail on furnishing a bond of Rs. 20,000 with two solvent sureties each for the like amount.
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BLAPL No. 340 of 2019
This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner in connection with Tangi P.S. Case No.235 of 2018 corresponding to G.R. Case No.297 of 2018 pending in the Court of learned J.M.F.C., Tangi for offences punishable under sections 395/511 of the Indian Penal and section 25 of the Arms Act.
The petitioner moved an application for bail before the learned 2nd Addl. Sessions Judge, Khurda which was rejected on 11.10.2018.
Considering the submission made by the learned counsel for the petitioner that the petitioner is a young boy and he is in custody since 25.08.2018 and in the meantime, charge sheet has already been submitted under sections 395/511 of the Indian Penal and section 25 of the Arms Act and the only material available against the petitioner is the confessional statement of the co-accused and no step has been taken to conduct the T.I. parade in respect of the petitioner and after hearing the learned counsel for the State, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs. 20,000/(Rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the
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learned Court in seisin over the matter with further yterms and conditions as the learned Court may deem just and proper.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
………………… S.K.Sahoo,J.
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1 issue framed by the court
Whether to grant bail to the petitioner in connection with offences under sections 395/511 of the Indian Penal Code and section 25 of the Arms Act.
3 provisions across 3 enactments
The Petitioner
The State
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
S.K. Sahoo
Parties & counsel
