High CourtsSingle Bench

Banti Das vs State Of Odisha

Orissa High Court · Decided on 4 August 2023 · Citation: (2023) 08 OHC CK 0021

HON’BLE JUDGES
G. Satapathy, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 394 · Arms Act, 1959 — Section 25, 27
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 4366 Of 2023
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Judgment

10 paragraphs · 285 words

G. Satapathy, J

1.

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

2.

This is a bail application U/S.439 of Cr.P.C. by the Petitioner for grant of bail in connection with Badam Nishintakoili P.S. Case No. 194 of 2022 corresponding to G.R. Case No. 1013 of 2022 pending in the Court of learned JMFC, Salipur, Cuttack for commission of offences punishable Under Section 394 of IPC r/w Sections 25/27 of Arms Act, on the allegation of committing robbery of Rs.5,46,000/- from the Informant along with co-accused persons.

3.

In the course of hearing of the bail application, Mr. D.Nayak, learned counsel for the Petitioner by filing the certified copy of the depositions of three witnesses prays to grant bail to the Petitioner.

4.

On the other hand, Mrs. S.R. Sahoo, learned ASC, however, strongly opposes the bail application of the Petitioner by taking this Court through the criminal antecedent of the Petitioner and his identification in TI parade.

5.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view the identification of the Petitioner in TI parade and on going through the deposition of the Informant, this Court is not inclined to grant bail to the Petitioner at this stage.

Hence, the bail application of the petitioner stands rejected. However, the learned trial Court is requested to complete the trial within a period of six(6) months hence and in case, the trial is not concluded by then, the Petitioner may renew his prayer for bail.

6.

Accordingly, the BLAPL stands disposed of.

7.

A copy of this order be communicated to the learned trial Court forthwith.

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