D.N. Patel, J. - (1.) PRESENT application has been preferred under Sections 439 and 440 of the Code of Criminal Procedure, 1973 in connection with the offence registered with Chakradharpur Police Station bearing P.S. Case No. 52 of 2009, corresponding to G.R. No. 107 of 2009 (S.T. No. 113 of 2010), for the offences punishable under Sections 394, 302, 34 of the Indian Penal Code, pending in the Court of learned Additional Sessions Judge, F.T.C. 1st, Chaibasa.
(2.) HAVING heard learned Counsels for both sides and looking to the facts and circumstances of the case, it appears that there is prima facie case against the present Petitioner. Previously preferred bail application being B.A. No. 6355 of 2010 was dismissed vide order dated 28th September, 2010. Paragraphs 2 and 3 thereof read as under: ­ 2. Having heard learned Counsels for both sides and looking to the evidences collected during the course of investigation, it appears that there is prima facie case against the present Petitioner. It also appears from the investigation report that the motor cycle of the deceased was found from the possession of the present Petitioner. Moreover, during the course of further investigation, it has been found that, in fact, there were two persons, one is Petitioner and another is Sunil Mahto and number of incriminating articles have been found out from the house of Sunil Mahto. Looking to the recovery of articles, it appears that there is prima facie case against the present Petitioner. Looking to the gravity of offences, quantum of punishment and the manner in which, the present Petitioner is involved in the offences, as alleged by the prosecution, I am not inclined to enlarge the present Petitioner on bail. If the Petitioner is enlarged on bail, there are all chances that he may not be available at the time of trial or he may tamper with the evidences. 3. It appears that after the aforesaid order, there is no change in the circumstances. Moreover, the trial has already been started and few of the prosecution witnesses have already been examined and the trial is going on in its full swing.
(3.) LOOKING to the gravity of offences, quantum of punishment and the manner in which, the present Petitioner is involved in the offences, as alleged by the prosecution and also looking to the fact that the trial has already been started, I am not inclined to enlarge the present Petitioner on bail. There is no substance in this bail application and, hence, the same is, hereby, dismissed.;