Aktar Khan vs State Of Odisha

A.K. Mohapatra, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned Senior counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with C.T. Case No.242 of 2024, arising out of Chandipur P.S. Case No.46 of 2024, pending in the Court of learned J.M.F.C.(City), Balasore for alleged commission of offence punishable under Sections 457/380/413/34 of IPC.

Learned Senior counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in jail custody since 07.04.2024. He further contended that investigation has been progressed substantially in the meantime and the charge sheet is likely to be filed very soon. He further contended that the Petitioner has been arrayed as an accused in the present case as a receiver of the stolen property. He further contended that the stolen properties have already been recovered in the meantime. With regard to criminal antecedent of the Petitioner, learned counsel for the Petitioner submitted that till the time of arrest in the present case i.e. on 07.04.2024, the Petitioner had no criminal antecedent, however, after his arrest in the present case, he has been taken on remand in similar other cases. It was further contended that the Petitioner belongs to the locality, therefore, there is no chance of absconding. In such view of the matter, learned counsel for the Petitioner contended the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

Learned Additional Standing Counsel on the other hand submitted that certain recoveries have been made from the Petitioner. He further contended that a case as alleged in the F.I.R. is made out against the present Petitioner for having received of the stolen property. Further submitted that the investigation is still open and in the event this Court released the Petitioner on bail, there is every possibility that the Petitioner might abscond from justice which would cause delay in conclusion of the investigation. On such ground, learned counsel for the State submitted that the bail application of the Petitioner be rejected at this juncture.

Having heard learned counsels appearing for the respective parties and on careful consideration of the surrounding facts and circumstances of the present case as well as the materials on record, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.35,000/-(Rupees Thirty Five thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. The release of the Petitioner shall also be subject to the following conditions:-

I) he shall appear before the local Police Station once in a week, preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M. for a period of two months, thereafter once in a fortnight for a period of two months and thereafter once in a month till conclusion of the trial; and

II) he shall not leave the jurisdiction of the Court in seisin over the matter till conclusion of the trial;

III) he shall appear before the trial court on each and every date of posting of the case;

IV) he shall cooperate with the investigation and shall appear before the I.O. as and when his presence is required by the I.O. for the purpose of investigation.

Further, the release of the Petitioner shall also be subject to furnishing a cash security of Rs.10,000/- (Rupees ten thousand) before the Court in seisin over the matter which shall be kept in interest bearing fixed deposit account in the name of the court in any nationalized bank and renewed from time to time till disposal of the case. The said deposit shall be subject to the final outcome of the trial.

It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper. Violation of any other conditions shall entail cancellation of the bail application.

The BLAPL is, accordingly, disposed of.

Issue urgent certified copy of this order as per Rules.

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