Anurag Kumar vs State Of Odisha

S.S. Mishra, J

The petitioner is an accused in connection with Jonk P.S. Case No.286 of 2023 corresponding to C.T. Case No.825 of 2023 for the offences under Sections 454/380/34 of I.P.C. pending in the Court of the learned S.D.J.M., Nuapada.

The allegation against the petitioner as per the F.I.R is that on 02.11.2023 the informant Ramsh Bhoi while he had been to take bath at 12.00 noon by locking his house, some unknown persons after breaking the door lock, committed theft of five numbers of gold lockets, two numbers of gold ear rings. Hence, the F.I.R. was registered.

Mr. P.K. Maharaj, learned Additional Standing Counsel submits that after completion of investigation in this case, charge sheet has already been filed. He further submits that the petitioner has got four cases against him and in all the four cases, he is on bail. Therefore, some stringent conditions should be imposed against the petitioner.

The petitioner had approached the learned Sessions Judge, Nuapada praying for grant of bail. The learned Court below vide its order dated 26.12.2023 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.

Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one.

Taking into consideration the period of custody, the nature of accusation and the circumstances in which the offence alleged to have been committed, I am inclined to admit the petitioner on bail.

Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper and he shall not tamper with the evidence in any manner whatsoever. The petitioner shall appear before the I.I.C., Jonk Police Station on every Sunday for three months from the date of his release.

Violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.

The BLAPL is accordingly disposed of..

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