Single judge granted bail to petitioner Sk.Nasir Alli in a case under Sections 379/34 IPC, considering his lack of antecedents and low absconding risk during COVID-19 pandemic.
Petitioner released on bail on furnishing bond of Rs. 20,000 with one surety.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL No. 6168 of 2020
In view of extra-ordinary situation arose out of COVID-19 Pandemic, the matter is taken up through video
conferencing.
Heard learned counsel for the petitioner and
learned counsel for the State.
Learned counsel for the petitioner submits that there is no criminal antecedent against the present petitioner. Petitioner is in custody since 18.08.2020. Chance of absconding is remote for having root in villageJamuyjodi (Muslim Basti), P.S. Harichandanpur, Dist. Keonjhar.
Having regards to the nature of accusation and period of detention, I am inclined to extend the benefit of Sec.439 Cr.P.C. to the petitioner.
Hence, it is ordered that the petitioner be released on bail on furnishing bail bond of Rs. 20,000/(Rupees Twenty Thousand) with one surety for the like amount to the satisfaction of the learned SDJM, Keonjhar in the aforesaid case, subject to such terms and conditions as deemed just and proper by the learned court below.
The bail application is accordingly disposed of. Parties may access copy of this order in Court’s official website and utilize the same as per the Notice No.
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4587 dated 25.03.2020 and Notice dated15.04.2020 issued by the Registrar General of this Court. Copies of the aforesaid notices are available in Court’s official website.
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Dr. A.K. Mishra, J.
Dhal
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2 issues framed by the court
Whether the petitioner is entitled to bail under Section 439 Cr.P.C. despite being in custody.
Whether the remote chance of absconding and nature of offense warrant bail rights.
2 provisions across 2 enactments
Sk.Nasir Alli
The State
Dr. A.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
