P.P. Bhatt, J. - (1.) THE present bail application is filed under Sections 439 and 440 of the Code of Criminal Procedure seeking bail in connection with Sadar P.S. Case No. 54 of 2013 (G.R. No. 255 of 2013) for the alleged offence punishable under Section 302 of the Indian Penal Code, pending in (he Court of learned Chief Judicial Magistrate, Hazaribagh. Heard the learned counsel for the petitioner as well as learned APP appearing on behalf of the State and perused the F.I.R. and other papers annexed to the application.
(2.) LEARNED counsel for the petitioner submitted that the petitioner has not committed any offence as alleged and he has falsely been implicated in this case. It is further submitted that there are no external injuries on the body of the deceased as it appears from the postmortem report. It is also submitted that the after completion of investigation, charge -sheet has been submitted. The learned A.P.P. while opposing the prayer for bail of the petitioner, submitted that the petitioner was involved in the commission of the alleged offence under Section 302 IPC and there are sufficient materials against the petitioner and, therefore, looking to the seriousness of the crime, the petitioner may not be enlarged on bail. Having regard to the facts and circumstances of the present case more particularly, it appears that the investigation is over and charge -sheet has been submitted, therefore, now there is no possibility of tampering with the evidence, therefore, the petitioner, above -named, is directed to be enlarged on bail, on furnishing bail bond of Rs. 10,000/ - (rupees ten thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., Hazaribagh in connection with Sadar P.S. Case No. 54 of 2013 (G.R. No. 255 of 2013) subject to the following conditions: 1. that applicant shall attend in accordance with the conditions of the bond executed under this chapter, 2. that the applicant shall make himself available for interrogation by a police officer as and when required, 3. 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 any police officer or tamper with the evidence.
(3.) THAT applicant shall not leave India without the previous permission of the Court, and;