- (1.) PRESENT application is filed under sections 439 and 440 of the Code of Criminal Procedure 1973 seeking bail in connection with B.S.City P.S.case No. 260 of 2013 corresponding to G.R.No.1010 of 2013 for the alleged offence registered under sections 341/323/353/427/504/34 of the Indian Penal Code, pending in the court of learned Judicial Magistrate,Ist Class Bokaro.
(2.) HEARD the learned counsel for the petitioners as well as the learned A.P . for the State and perused the materials placed on records. .P Learned counsel for the petitioners submitted that the petitioners are innocent persons and have been falsely implicated in the alleged crime. It is also submitted that offences, as alleged against them, are triable by the Magistrate and they have remained in custody since 26.6.2013.It is submitted that investigation is over and charge sheet has been submitted and therefore now there is no possibility of tampering with the evidence. It is further submitted that allegations of assault on police personnel are also not correct as the injury certificate does not indicate so. It is also submitted that petitioners are ready and willing to abide the conditions that may be imposed by this court.
(3.) THE learned A.P.P. for the State, while opposing the bail, submitted that assault has been made by the petitioners on police personnel and therefore, looking to the seriousness of the charge and gravity of the offence, the petitioners may not be enlarged on bail.;