Court considered bail application for petitioners accused of no nexus to principal offenses. Directs surrender before Special Judge within 2 weeks for bail release with conditions.
Bail granted if petitioners surrender within 2 weeks before Special Judge Bhadrak, on terms deemed proper, and do not threaten witnesses.
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ABLAPL NO.1511 OF 2021
Learned counsel for the Petitioners submits that here in the case, these Petitioners being the mother and other relations of the principal accused Santosh Kumar Nayak against whom the allegations as to commission of principal offences run have been unnecessarily arraigned in the case being falsely assigned with the role at the later point of time having no nexus with the principal offences. It is further submitted that the attempt to implicate these petitioners in the above manner is only to harass the whole family. In view of all the above and in the absence of any such impediment; he urges for grant of bail to the Petitioners.
Learned counsel for the State while not disputing the position that here as against accused-Santosh, the allegations in respect of commission of the principal offences run. He, however, opposes the move of the Petitioners in view of their role.
Considering the submissions and on going through the nature of accusations; further keeping in view the surrounding circumstances of the case as also concerning the Petitioners; it is directed that in the event the Petitioners surrender before the court in seisin of the case in connection with Basudevpur P.S. Case No. 37 of 2018 corresponding to Special Case No.26 of 2018 on the file of learned Special Judge, Bhadrak within two
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weeks hence and move for their release on bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the said court in seisin of the case with further condition that they will not threaten or terrorize the prosecution witnesses including the victim in any manner.
The ABLAPL is accordingly disposed of. Issue urgent certified copy as per rules.
…………………….. D. Dash, J.
Narayan
1 issue framed by the court
Whether bail should be granted to petitioners falsely implicated with no nexus to principal offences.
Petitioners (mother and relations of Santosh Kumar Nayak)
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
