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Judgment
Harinath.N, J
The petitioner herein is arraigned as accused No.5 in Crime No.212 of 2024 of Chinna Bazar Police Station, SPSR Nellore District for the offence under Section 61(2) & 310(2) of BNS.
It is alleged in the complaint that the de facto complainant was physically assaulted by five (05) members and that his gold chain and bracelet were forcibly taken away, apart from assaulting him physically.
The learned counsel for the petitioner submits that the petitioner did not involve in the attack or in the snatching away of the gold chain and bracelet as alleged. It is also stated that there is no allegation with regard to the petitioner involved in the said incident.
It is submitted by the learned counsel for the petitioner that the de facto complainant has harassed the petitioner’s sister, and Crime No.139 of 2024 for the alleged offences under Sections 329(4), 115(2), 74, 79 r/w 3(5) BNS is registered against the de facto complainant on the file of Sangam Police Station, SPSR Nellore District. It is submitted that the case is only a counterblast to the said complaint.
The learned Assistant Public Prosecutor submits that the petitioner is arraigned as accused No.5 on the confession of the other accused.
Considering the nature of the allegations and also considering the submission of the learned counsel for the petitioner that the de facto complainant has filed a complaint to implicate the petitioner as a counterblast to the case filed against him.
Considering the same, this Court is inclined to grant bail with the following conditions:-
i.The petitioner/Accused No.5 shall be enlarged on bail in the event of arrest on he executing a personal bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of the Station House Officer Chinna Bazar Police Station, SPSR Nellore District.
ii. The petitioner/Accused No.5 shall co-operate with the investigation .
With the above conditions, the criminal petition is allowed.
Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.