Biki @ Bikash Naik vs State Of Odisha

S.K. Sahoo, J

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

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

This is an application under section 439 of Cr.P.C. in connection with G.R. Case No.05 of 2020 arising out of Talcher P.S. Case No.05 of 2020 pending in the Court of learned S.D.J.M., Talcher for offences punishable under section 394/34 of the Indian Penal Code read with sections 25 and 27 of the Arms Act.

The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge, Talcher which was rejected on 02.02.2021.

Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 15.01.2020 and charge sheet has been submitted under section 394/34 of the Indian Penal Code read with sections 25 and 27 of the Arms Act which are triable by Magistrate and on hearing the learned counsel for the State, who submitted that the petitioner has got number of criminal antecedents and after going through the comprehensive affidavit filed by the learned counsel for the petitioner, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper subject to conditions that the petitioner shall appear before the Inspector in-charge of Talcher police station once in a week on every Monday in between 10.00 a.m. to 4.00 p.m. till the end of October, 2021 and he shall not indulge in any criminal activities in any manner.

Violation of any terms and conditions shall entail cancellation of bail.

The BLAPL is accordingly disposed of.

Issue urgent copy of this order as per Rules.

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