Ashok Behera @ Naidu vs State Of Odisha

V. Narasingh, J

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is an accused in connection with C.T. Case No.8044 of 2022, pending before the learned S.D.J.M., Bhubaneswar, Dist-Khurda, arising out of Capital P.S. Case No.765 of 2022, for alleged commission of offences under Sections 394/412 of IPC.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 2nd Additional Sessions Judge, Bhubaneswar, by order dated 30.01.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the petitioner is in custody since 28.12.2022 on the allegation of snatching away a gold chain from the informant at the point of gun.

It is stated that since charge sheet has been filed under Sections 394/412 of IPC excluding the accusation under Arms Act on 23.04.2023, the petitioner may be released on bail.

Learned counsel for the State opposes the prayer for bail in view of the criminal antecedent of the petitioner, which is fortified by the affidavit filed by the sister of the petitioner.

Learned counsel for the petitioner further submits that in all of the cases the petitioner has been released on bail.

Considering the nature of accusation and filing of the charge sheet, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every week till conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin.

It is further directed that in addition to the sureties so fixed, one surety shall be immediate member of the family, who shall execute a P.R. bond.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rule.

…………………………..