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Judgment
21 paragraphs · 389 wordsS.K. Sahoo, J
This matter is taken up by video conferencing mode.
Heard learned counsel for the petitioner and the learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with G.R. Case No.31 of 2020 arising out of Bikrampur FCI P.S. Case No.03 of
2020 pending in the Court of learned S.D.J.M., Talcher for commission of offence punishable under section 394 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned Additional Sessions Judge, Talcher which was rejected on 22.01.2021.
Learned counsel for the petitioner submitted that that the petitioner is in judicial custody since 27.01.2020 and he has been charge sheeted under
section 394 of the Indian Penal Code and though the first information report was lodged against unknown persons but there is no evidence of
identification in the T.I. Parade and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State, on the other hand, opposed the prayer for bail and submitted that there are number of criminal antecedents against the
petitioner and he has been implicated basing on his own confessional statement before the police.
Perused the comprehensive affidavit filed by the learned counsel for the petitioner relating to such criminal antecedents.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the period of
detention of the petitioner in judicial custody and the fact that the offence is triable by Magistrate, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent
sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may
deem just and proper.
The BLAPL is accordingly disposed of.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available
in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s
Notice No. 4587 dated 25th March 2020 as modified by Court’s Notice No. 4798 dated 15th April 2021.