The High Court allowed the bail appeal against the Additional Sessions Judge's order refusing bail. The appellant was granted bail in a case involving the Indian Penal Code and SC & ST Act.
Release of the appellant on bail upon conditions to appear weekly, not dissuade witnesses, and not commit other offences.
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CRLA 1 No.51 of 2020
This appeal under Section 14(A) of SC & ST (POA) Act is against the order dtd.09.01.2020 of learned Addl. Sessions Judge, Chatrapur, Berhampur refusing bail to the appellant Ashok @ Dillip Kumar Polleyi @ Polei in connection with G.R. Case No.08 of 2019 arising out of Kodala P.S. Case No.44 of 2019 pending in his file for alleged commission of offence under Section 304 of the Indian Penal Code read with Sections 4 and 5 of Explosive Substances Act and U/s.3(2)(v)(va) of SC & ST (POA) Act.
It is submitted on behalf of the appellant that he is inside custody since 28.8.2019 and there is no seizure of explosive substance from his possession and that, he has been falsely implicated in this case.
After hearing learned counsel for the State as well as learned counsel for respondent no.2 and considering the materials available, it is directed to release the petitioner on bail in the aforesaid case on such terms and conditions to be fixed by the learned court in seisin over the matter including the conditions that appellant shall not be involved in any other offence while on bail and shall appear before the I.I.C., Kabisuryanagar police station once in every week till conclusion of trial and shall not dissuade any witness directly or indirectly by way of inducement, threat or promise acquainted with the facts of the case from disclosing such facts before the Court or tamper with the evidence.
2
It is made clear that violation of any such conditions fixed by this Court or by the Court below shall entail cancellation of bail.
The CRLA is accordingly disposed of.
Copy of this order be uploaded in the High Court’s Official Website as per Court’s Notice No.4587, dated 25.03.2020.
………………………...
B. P. Routray, J.
mkp
1 issue framed by the court
Whether to grant bail to the appellant who has been in custody since August 28, 2019 in a case involving Section 304 IPC and SC&ST Act.
4 provisions across 3 enactments
Ashok @ Dillip Kumar Polleyi @ Polei
The State
B. P. Routray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
