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Judgment
Ananda Sen, J
The petitioner is praying for grant of bail as he is in custody for allegedly committing offence punishable under Sections 147, 148, 149, 341, 325 and 302 of the Indian Penal Code and Sections 17(i) (ii) of CLA Act, in connection with Simariya P.S. Case No.108 of 2007 corresponding to G.R. Case No.694 of 2007 (S.T. No.86 of 2010), pending in the Court of the learned Additional Sessions Judge-III, Chatra.
Heard the learned counsel for the petitioner, learned counsel for the State and have also gone through the impugned order.
Earlier, the bail application of the petitioner was rejected on the ground that he was absconding for a long period of more than 10 to 12 years. The petitioner is named in the F.I.R. The allegation against him and others is that they being the member of unlawful organization, murdered the brother-in-law of the informant.
Now, there is specific allegation against this petitioner and others in the F.I.R. of committing the offence. Till date, out of eight cited witnesses, three had already been examined and five remains.
Considering the allegation in the F.I.R. and the fact that this petitioner at one point of time had absconded for a considerable period of time, I am not inclined to enlarge this petitioner on bail.
Accordingly, the present bail application under Section 439 Cr.P.C. is dismissed.
The trial court is directed to conclude the trial at the earliest preferably within six months from the date of receipt of certified copy of this order.
The prosecution will produce all the witnesses before the Court after taking the dates in advance.
