9911796707
TMI Blog2024 (9) TMI 1693X X X X Extracts X X X X X X X X Extracts X X X X ..... ble them to depose fearleslly. It is satisfying that the desired protection can be afforded through various alternative measures including by imposing such reasonable terms and conditions which would prevent the propensity to influence the witnesses or tamper with the evidence. In any case, any such attempt by the beneficiary of a discretionary jurisdiction of the Court, will amount to misuse of concession of bail and the necessary consequences would, thus, follow. Taking into consideration the totality of the circumstances, however, without expressing any opinion on the merits of the case, it is deemed appropriate to release the petitioner on bail - The petitioner is, accordingly, directed to be released on bail subject to such terms and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .05.2024. 3. The petitioner was arrested on 18.05.2024 and after remaining in police custody, he was sent to judicial custody. 4. It is not a matter of dispute that the investigation is complete and the chargesheet has been filed. Keeping that stage in mind, we do not deem it necessary to hear learned Senior Counsel for the petitioner or learned Additional Solicitor General of India on the point as to whether a prima facie case under Section 308 IPC is made out or not. That issue exclusively falls within the domain of the Trial Court and the parties shall be at liberty to raise their respective contentions in this regard before the Trial Court at an appropriate stage. 5. Adverting to the prayer made by the petitioner for grant of bail, w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amper with the evidence. In any case, any such attempt by the beneficiary of a discretionary jurisdiction of the Court, will amount to misuse of concession of bail and the necessary consequences would, thus, follow. 8. Taking into consideration the totality of the circumstances, however, without expressing any opinion on the merits of the case, we deem it appropriate to release the petitioner on bail. 9. The petitioner is, accordingly, directed to be released on bail subject to such terms and conditions that may be imposed by the Trial Court. 10. In addition to the terms and conditions to be imposed by the Trial Court, we, in the interest of justice, deem it appropriate to direct the following additional terms and conditions: (i) The p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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