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V. NARASINGH
Manu Duria – Appellant
Versus
State of Odisha – Respondent
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 sta
The need for the lower court to assess the materials on record during the course of investigation before entertaining a bail application.
The court considered the statement of the victim and the filing of the charge sheet as key factors in deciding to grant bail to the Petitioner.
In matters of personal liberty, meticulous adherence to procedural timelines should not compromise the accused's right to default bail, especially after the statutory period for charge sheet filing h....
Prolonged incarceration affects the fundamental right to liberty, allowing bail to be granted despite statutory restrictions under the NDPS Act for first offenders.
Suppression of material facts in bail applications undermines the integrity of judicial proceedings, warranting a review and possible recall of previously granted bail.
The court may grant bail to accused persons based on the progress of investigation and their first-time offender status, with conditions to verify their criminal antecedents.
Bail granted due to absence of criminal history and recovery of the victim, despite initial non-compliance with court orders.
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