The need for the lower court to assess the materials on record during the course of investigation before entertaining a bail application.

Headnote:
Bail Application - Rejection of Bail Application - The court declined to entertain the bail application at this stage without the assessment of materials on record by the lower court during the course of investigation.
Fact of the Case:

The Petitioner is an accused in a case pending on the file of the learned J.M.F.C., arising out of a police case for alleged offences under various sections of the Indian Penal Code.
Finding of the Court:

The court declined to entertain the bail application at this stage without the assessment of materials on record by the lower court during the course of investigation.
Issues: Rejection of bail application under Section 439 Cr.P.C.
Ratio Decidendi: The court emphasized the need for the lower court to assess the materials on record during the course of investigation before entertaining the bail application.
Final Decision: The bail application stands disposed of, and the Petitioner is allowed to move the lower court after the filing of the charge sheet for consideration on its own merits.

JUDGMENT

V. Narasingh, J. - Heard learned counsel for the Petitioner and learned counsel for the State.

2. The Petitioner is an accused in G.R. Case No.831 of 2021 pending on the file of learned J.M.F.C., Semiliguda, arising out of Sunabeda P.S. Case No.160 of 2021, for commission of alleged offence under Sections 147/148/307/506/363/149 IPC.

3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C by the learned Addl. Sessions Judge, Koraput, by order dated 03.11.2023 in the aforementioned case, the present BLAPL has been filed.

4. Taking into account the nature of allegation and the role ascribed to the Petitioner and since the consideration by the learned Court in seisin over the matter was during the course of investigation, this Court is not inclined to entertain this bail application at this stage without having the assessment of materials on record by the learned Court in seisin.

5. It shall be open to the Petitioner to move the learned Court in seisin over the matter after filing of charge sheet and the same shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court.

6. Accordingly, the BLAPL stands disposed of.

7. Urgent certified copy of this order be granted as per rule.

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