In a bail petition by a petitioner in custody for offenses under IPC Sections 457 and 392 involving recovery of stolen property, the Court allowed release on bail due to absence of evidence suggesting flight risk or tampering with evidence.
Petitioner released on bail by the Court in seisin over the matter.
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BLAPL No. 5332 of 2019
The petitioner being in custody in Junagarh PS Case No. 130 of 2017 corresponding to CT Case No. 127 of 2017, pending in the court of the learned JMFC, Junagarh, has filed this petition for his release on bail. The offence alleged against him is punishable under Sections 457 and 392 of IPC of IPC.
The allegation of the prosecution reveals that petitioner indicted in the aforesaid case on the basis of the recovery of stolen property from the possession of the petitioner so also confession of the co-accused.
It is stated that though the petitioner has criminal antecedents, in the meanwhile he has already been acquitted in three cases.
Therefore, being had to the facts and submissions made, especially the nature of accusation, character of supportive materials appearing against the petitioner in support of the charge, circumstances in which the offences alleged to have been committed and hardly any material being there to suggest that the petitioner is likely to abscond and/or tamper with the prosecution evidence, if enlarged on bail, I am of the view that the petitioner in this case deserves to be released on bail.
2
Hence, the petitioner be released on bail in the aforesaid case by the Court in seisin over the matter on such terms and conditions as deemed just and proper.
Accordingly, the BLAPL stand disposed of being allowed.
Urgent certified copy of this order be granted on proper application.
S. Pujahari, J.
AKP
1 issue framed by the court
Whether the petitioner, despite criminal antecedents and recovery of stolen property from his possession, is entitled to bail given lack of flight risk or tampering likelihood.
1 provisions across 1 enactments
Petitioner
State
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
