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Bail Granted for Accused No.2 in C.C.No.847/2024

The bail application for Accused No.2 has been allowed under Sec.437 of Cr.P.C., with conditions including a bond of Rs.25,000 and two sureties. The accused has a history of absences and non-cooperation with the court, raising concerns about their commitment to appear for trial. The court emphasizes the need for stringent conditions to ensure the accused does not evade justice again.

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4 views3 pages

Bail Granted for Accused No.2 in C.C.No.847/2024

The bail application for Accused No.2 has been allowed under Sec.437 of Cr.P.C., with conditions including a bond of Rs.25,000 and two sureties. The accused has a history of absences and non-cooperation with the court, raising concerns about their commitment to appear for trial. The court emphasizes the need for stringent conditions to ensure the accused does not evade justice again.

Uploaded by

saleemmohammad27314
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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[Link].

847/2024

ORDERS ON BAIL APPLICATION

Accused No.2 filed Bail application under


Sec.437 of Cr.P.C.
The Learned APP filed objections.

Heard.

The complainant Police filed charge sheet


against the accused No.1 and 2 for the offences
punishable under Sec.457, 380 r/w 34 of IPC. The
accused were enlarged on bail and thereafter
accused No.2 remaining absent and NBW was
issued by this court and he was secured and
produced by the Jurisdictional Police.

Now the accused No.2 is in judicial custody.


The alleged offences are bailable in nature but not
punishable with death or imprisonment for life.

I.O. is not required the Accused No.2 for


interrogation or for investigation. FIR filed of the
year 2021, subsequently the accused remained
absent and not cooperated the court to frame
charge.

On perusal of the entire order sheet, the


accused appear before the court only 3 times from
last 3 years. It goes to show that they try to flee
[Link].847/2024

away from justice or try to drag the matter for the


best reasons known to them.

In such a situation, if the accused No.2 is


released on bail, without imposing stringent
conditions on the ground that the alleged offences
are not punishable with death or imprisonment for
life. Then the accused may once again not appear
before the court to face the trial.

Now the accused undertake to appear before


the court, but the said promise will be looked or
whether he keep up his promise will be known this
court only when he is released on bail. However,
the accused offer surety for his enlargement on
bail. Accordingly I proceed to pass the following:

ORDER
Bail application filed by the accused
under Sec.437 of Cr.P.C. is hereby allowed.
In the result, Accused No.2 is
enlarged on bail on executing bond of
Rs.25,000/- with 2 sureties for like sum.
The surety should not obtain any loan
from any of the Society or Bank and RTC
should free from encumbarance.
[Link].847/2024

Accused shall appear before the court


on all the dates of hearing without fail.

[Link]. C.J. & CJM, Udupi.

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