Document Fragment View

Matching Fragments

Heard learned counsel for the parties.

The petitioner is an accused in a case registered for the offence punishable under Sections 147/ 148/ 149/ 332/ 333/ 353/ 307/ 302/ 395/ 427 IPC, Section 27 of Arms Act, Sections 3/4/5 of Explosive Substance Act and Section 17 of Criminal Law Amendment Act.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and has not committed any offence, as alleged in the F.I.R. It is alleged that the police vehicle was attacked by the extremists in which three police personnels were killed and two police personnels got injured. Co-accused Bahura Turi, who is facing trial in S.T. No. 298/2013, has already been granted bail by a coordinate Bench of this Court vide order dated 03.12.2016 passed in B.A. No. 9680/2016. Co-accused Ratan Sahu, who is facing trial in S.T. No. 212/2014, has also been granted bail by a coordinate Bench of this Court vide order dated 27.01.2017 passed in B.A. No. 10803/2016. In both the Sessions Trials, the informant was examined, but he neither named those co-accused nor could identify them in the Court. Learned counsel for the petitioner further submits that the statement of one of the injured witnesses, namely, Raiman Tirkey was also recorded in S.T. No. 212/2014 in which he has deposed that during the alleged occurrence, the miscreants had covered their faces and therefore he could not identify them. The petitioner is facing trial in S.T. No. 163/2016. Though charge has been framed against the petitioner on 10.11.2016, yet there is no positive progress in the trial. The petitioner is in judicial custody since 23.04.2015 and therefore he may be given the privilege of regular bail.