S.K. SAHOO
This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application for bail under section 439 of Cr.P.C. in connection with Chakapada P.S. Case No.64 of 2021 corresponding C.T. Case No.301
of 2021 pending in the file of learned Additional Sessions Judge, Balliiguda for alleged commission of offence under section 302 of the I.P.C.
Learned counsel for the petitioner submits that the petitioner is in judicial custody since 05.10.2021 and he has been charge sheeted under section 302
of the I.P.C. He further submits that earlier the petitioner approached this Court for bail in BLAPL No.3402 of 2022, which was rejected as per order
dated 17.01.2023. However, liberty was granted to the petitioner to renew the prayer for bail after examination of the eye witnesses. Learned counsel
further submitted that in the meantime, trial has commenced and ten witnesses have been examined including the eye witnesses and the informant,
who is the wife of the deceased, and none of them have supported the prosecution case. Therefore, the bail application of the petitioner may be
favourably considered.
Learned counsel for the petitioner has annexed the deposition copies of the witnesses to the bail application.
Learned counsel for the State after going through the deposition copies of the witnesses, fairly submits that there is no material against the petitioner
as per the evidence of the witnesses examined so far in the learned trial Court and there is no other material witnesses to be examined during trial.
In view of such submission made by the learned counsel for the respective parties, nature of evidence adduced so far in the learned trial Court and
period of detention of the petitioner in judicial custody, I am inclined to reconsider the prayer for bail of the petitioner and direct the petitioner to be
released on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent
sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court below
may deem just and proper including the conditions that the petitioner shall not indulge in any criminal activities and shall appear before the learned trial
Court on each date to which the case would be posted for trial. Violation of any of the terms and conditions shall entail cancellation of bail.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
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