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Judgment
Heard the learned counsels appearing for the parties and perused the documents on record.
The petitioner has been made accused in Arki P.S. Case No.38/2014 corresponding to G.R. No.462/2014 [S.T.No.130/2015] registered under sections 147, 148, 149, 353, 307 IPC ; sections 25(1-b)a, 26,27, 35 Arms Act and section 17 of CLA Act.
Referring to order dated 27.02.2017 passed in B.A. No.7967 of 2016 by which co?accused?Lawa Munda has been granted bail, the learned counsel for the petitioner submits that after charge-sheet has been filed in this case, the petitioner, against whom also similar allegation has been levelled as has been levelled against co?accused?Lawa Munda, is entitled for grant of bail. It is further submitted that no injury was caused to the police party during the encounter.
The learned APP has opposed the prayer for grant of bail. Pursuant to order of this Court, status report has been sent to this Court. It is disclosed that by now six prosecution witnesses out of nine have already been examined. In the incident there was heavy exchange of fire between a group of more than 50 extremists and the police party and four persons were arrested on the spot, the petitioner was one of those persons. The petitioner is, thus, named in the First Information Report.
Having regard to the aforesaid facts and the advance stage of the trial, I am not inclined to grant benefit of order granting bail to co-accused-Lawa Munda who was not arrested on the spot, to this petitioner and accordingly, this application is dismissed.