Petitioner-in-custody challenging withdrawal of bail sought release. Court held no likelihood of absconding or tampering with evidence. Petitioner granted bail to be released by the trial court with conditions. Petition disposed of as allowed.
Petitioner to be released on bail by the trial court on such terms as it deems just and proper.
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BLAPL No.5661 of 2019
Heard the learned counsel for the petitioner and the learned counsel for the State.
The petitioner being in custody in G.R. Case No.426 of 2019, arising out of Baipariguda P.S. Case No.66 of 2019 pending in the court of learned S.D.J.M., Jeypore in the district of Koraput has filed this petition for his release on bail. The offence alleged against the petitioner is punishable under Sections 399/402 of I.P.C. read with Sections 25 and 27 of Arms Act.
Considering the facts and submissions made, especially the nature of accusation, character of evidence appearing against the petitioner in support of the charge and also the fact that no material being produced indicating the fact that the petitioner shall abscond and/or tamper with the prosecution evidence, if released on bail, this Court is of the view that the petitioner deserves to be released on bail.
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 the trial court may deem it just and proper.
Accordingly, the BLAPL stands disposed of being allowed.
Urgent certified copy of this order be granted on proper application.
S.Pujahari, J.
RKS
1 issue framed by the court
Whether the petitioner, a person in judicial custody, deserves to be released on bail in the G.R. case arising out of a pre-liminary inquiry sanction.
Petitioner
State
Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
