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Judgment
13 paragraphs · 308 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is accused in connection with C.T. case No. 293 of 2023, pending the Court of learned J.M.F.C.-1, Cog taking, Jharsuguda, arising out of Brajarajnagar P.S. Case No. 80 of 2023, for alleged commission of offences under Sections. 399/402 of IPC.
Being aggrieved by the rejection of their application for bail U/s. 439 Cr.P.C. by the learned Addl. Sessions Judge, Jharsuguda by order dated 02.05.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that Petitioner is in custody since 09.04.2023 and so far as allegation under the Arms Act is concerned, the same is attributed to the co-accused Bana@ Bikash Mishra.
On instruction learned counsel for the Petitioner submits that petitioner is the first offender.
Learned counsel for the State opposes the prayer for bail, inter alia on the ground that the investigation is an nascent stage.
Considering that the Petitioner is the first offender, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
Before releasing the Petitioner on bail, learned Court in seisin is called upon to verify the criminal antecedent, if any. If it comes to the fore that the Petitioner has any criminal antecedent, this order shall stand recalled.
Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every week till submission of final form on such date and time to be fixed by the learned Court in seisin. Certification of such appearance shall be submitted to the learned Court in seisin.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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