IMPORTANT POINT
Prolonged pre-trial detention without prior criminal history can be a significant factor in granting bail, provided that conditions are imposed to safeguard the integrity of the trial.

JUDGMENT/ORDER

1. Heard learned Counsel for the applicant and the learned Public Prosecutor for the respondent-State.

2. This is an application for bail. The applicant is charged for the offences punishable under sec. 302 of the Indian Penal Code (IPC, for short). The crime has been registered vide FIR no. 137/2017 with the Calangute Police Staiton. The applicant was arrested on 21/7/2017 and is now in custody as under trial prisoner for more than six years.

3. The allegation is that the applicant and his friends were drinking alcohol on the beach and as a result of some altercation that followed, it is alleged that the applicant assaulted the victim and stabbed him seven times. Learned Additional Public Prosecutor submitted that it is the applicant himself who went to the police station and handed over the weapon used for stabbing the victim. It is further submitted by learned Additional Public Prosecutor that there are eye witnesses to the incident. According to the learned Additional Public Prosecutor, the number of injuries caused by the applicant are sufficient to deny the facility of bail to the applicant considering the gravity of the offence. Learned Additional Public Prosecutor submitted that there are ample materials against the applicant collected by the Investigating Officer during the investigation which form part of the chargesheet.

4. So far as the trial is concerned, though the same has commenced, only two witnesses have been examined. In all, 26 witnesses are to be examined by the prosecution. The applicant is in custody for more than six years. The trial is likely to take some time to conclude. There are no criminal antecedents reported against the applicant. On the ground of prolonged incarceration and as there are no criminal antecedents registered against the applicant, I am inclined to release the applicant on bail by imposing conditions. The applicant is originally a resident of Nagpur who was working in a restaurant in Goa.

5. The application for bail is allowed. Accordingly, the following order is passed :

<WXY>ORDER

(i) The applicant is directed to be released on bail in respect of C.R. No. 137/2017 registered at the Calangute Police Station, upon furnishing a P.R. Bond of Rs.25,000.00 with one or two sureties in the like amount to the satisfaction of the learned trial Judge.

(ii) The applicant shall attend the hearing of the case regularly on the dates fixed by the trial Court.

(iii) The applicant shall not tamper with the evidence nor influence, induce, threaten or coerce the prosecution witnesses and shall not make any attempt to contact or intimidate them.

(iv) The applicant is from Nagpur. Considering the nature of the allegations, it would be in the fitness of things if the applicant does not enter the State of Goa till the conclusion of trial except for the purpose of reporting to the Investigating Officer and attending the trial till the trial is concluded.

(v) The applicant shall inform the trial Court as well as the Investigating officer his residential address and contact number while residing out of the State of Goa and which shall not be changed without prior permission of the Investigating Officer or the trial Court.

(vi) The applicant shall report to the Investigating Officer once every first Monday of the month between 10.00 a.m. to 12.00 noon.

(vii) If there is a breach of conditions, it is open for the prosecution to apply for cancellation of bail.</WXY>

6. The Bail Application stands disposed of.