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Judgment
V. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in connection with S.T. Case No.50 of 2022, pending on the file of learned Additional District & Sessions Judge, Boudh, arising out of Baunsuni P.S. Case No.15 of 2022, for commission of alleged offences under Sections 498-A/323/324/302/307/34 of IPC.
Learned counsel for the Petitioner, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner is pending in any other Court, relating to the aforesaid P.S. Case.
Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional District & Sessions Judge, Boudh by order dated 08.08.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is the grandfather of the deceased and is in custody since 28.02.2022.
Referring to the statements of P.Ws.13 to 15, it is submitted by the learned counsel for the Petitioner that it is clearly borne out that the overt act is attributed to one Raj Kumar Meher, who is the son of the Petitioner.
It is further submitted by the learned counsel that even if the entire allegation of prosecution is accepted at its face value the allegation qua the Petitioner is one of instigation.
Learned counsel for the State opposes the prayer for bail.
Considering the nature of allegation vis-à-vis the Petitioner as borne out from the statements of P.Ws.13 to 15 and more particularly P.W.15 and the age of the Petitioner (68 years), this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin.
It is further directed that the Petitioner shall not in any way try to intimidate the informant and his family member.
It shall be open to the Prosecution/informant to seek variance of this order, in case there is any threat perception.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per the rules.
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