P.P. Bhatt, J. - (1.) PRESENT application is filed under sections 439 and 440 of the Code of Criminal Procedure 1973 seeking bail in connection with Pindrajora P.S. Case No. 43 of 2013 corresponding to G.R. No. 763 of 2013 for the alleged offence registered under sections 341/323/307/504/34 of the Indian Penal Code and now pending in the court of learned Chief Judicial Magistrate, Bokaro. Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State and perused the materials placed on records.
(2.) LEARNED counsel for the petitioner submitted that petitioner is an innocent person and has been falsely implicated in the alleged crime. It is also submitted that there is no serious injury caused on the vital part of the body of the informant and he has been discharged from the hospital after taking primary treatment. It is also submitted that petitioner has remained in custody since 5.7.2013 and he is ready and willing to abide by the conditions that may be imposed by this court. The learned A.P.P. for the State, while opposing the bail, submitted that the informant has received injury on the vital part of his body and therefore, looking to the gravity of the offence, the petitioner may not be enlarged on bail.
(3.) CONSIDERING the aforesaid rival submissions and on perusal of the papers placed on records it appears that there is no serious injury caused on the vital part of the body of the informant and he has been discharged from the hospital after taking primary treatment as it appears from the injury certificate. It further appears that investigation is over and charge sheet has been submitted, therefore, now there is no possibility of tampering with the evidence. The applicant is also not having any criminal antecedents. The applicant has remained in custody since 5.7.2013. Moreover, the petitioner appears to be a resident of village Kanshitand P.O. Kumardaga PS. Pindrajora, Bokaro having responsibility towards his family and therefore his presence can be secured at the time of trial by imposing appropriate conditions and therefore, looking to the nature and gravity of the accusation, the petitioner deserves to be enlarged on bail. Having regard to the aforesaid facts and circumstances of the present case, the petitioner, namely Subhash Kumar Mahato @Subhash Mahato is directed to be released on bail on executing bail bonds of Rs. 10,000/ - (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bokaro in connection with Pindrajora P.S. Case No. 43 of 2013 corresponding to G.R. No. 763 of 2013 subject to the following conditions: 1. that applicant shall abide by the conditions of the bond executed under chapter XXXIII of the Code of Criminal Procedure. 2. that applicant shall make himself available for interrogation by a police officer as and when required. 3. that applicant shall not commit an offence similar to the offence of which he is accused. 4. that applicant shall not directly or indirectly make any inducement threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.;