Biltu Kumar Singh vs State Of Odisha

Savitri Ratho, J

This is the second application of the petitioner under Section 439 of Cr.P.C. in this Court in connection with Barbil P.S. Case No. 244 of 2023 corresponding to G.R. Case No. 741 of 2023 pending in the court of the learned J.M.F.C., Barbil where preliminary chargesheet dated 02.01.2024 has been submitted against the present petitioner, one Sandip Singh, Rakesh Choudhary and Rabi Kumar Ram @ Ravi for commission of offences punishable under Sections 399/402 of the IPC and Section 25 of the Arms Act.

The earlier bail application – BLAPL No.11231 of 2023 filed by the present petitioner, co-accused Sandeep Singh and Rakesh Choudhary had been dismissed on 16.10.2023 granting liberty to them to move for bail afresh after completion of investigation.

Prayer for bail of the petitioner along with co-accused Sandeep Singh has thereafter been rejected on 29.01.2024 by the learned Addl. Sessions Judge, Champua in B.A. No.20 of 2024.

The prosecution allegations in brief against the petitioner are that on 06.09.2023, the Sub Inspector of Barbil Police Station lodged F.I.R. stating that on the same day at about 11.30 P.M. while they were performing patrolling duty, on getting reliable information at about 12.15 A.M. that some persons were conspiring at Damu Hutting Field and preparing to commit dacoity, they reached the spot and found one white colour Nexa Car bearing Registration No. JH-05-CZ-0020 with some persons sitting inside. The co-accused Rakesh Choudhary was apprehended from the car and one country made pistol was seized from his possession, two bhujalis from the co-accused - Sandeep Singh and the present petitioner-Biltu Kumar Singh and one packet of chilly powder from co-accused, Ravi Kumar Ram apart from mobile phones, some beer bottles and one paper containing map of the locality.

R.S. Samal, learned counsel for the petitioner submits that the petitioner is in custody since 07.09.2023 and he has no criminal antecedents. Co-accused Ravi Kumar Ram in BLAPL No.11810 of 2023, co-accused Sandeep Singh in BLAPL No.1270 of 2024 and co-accused Rakesh Choudhary in BLAPL No. 1299 of 2024 have been granted bail by this Court, so the prayer for bail of the petitioner may also be allowed.

Ms. S. Mishra, learned Addl. Standing Counsel opposes the prayer for bail stating that the criminal antecedents of the petitioner from Jharkhand are yet to be verified and if he is released on bail, he is likely to commit similar offence. He also submits that further investigation in the case is continuing.

Considering the materials collected against the petitioner, completion of investigation so far as the petitioner is concerned, release of co-accused- Rabi Kumar Ram @ Ravi, Sandeep Singh and Rakesh Choudhary on bail and the submission that the petitioner has no criminal antecedents, I am inclined to allow the prayer for bail of the petitioner.

The petitioner – Biltu Kumar Singh shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, subject to verification that he has no criminal antecedents in Odisha and Jharkhand, including the following conditions:

(i) He will not indulge in any criminal activity while on bail.

(ii) He will not threaten or try to influence prosecution witnesses while on bail.

(iii) He shall furnish cash surety of Rs.7500/-.

(iv) He will furnish his mobile number, copy of his Aadhaar Card and permanent address in Jharkhand to the Court, and which shall be verified by the I.I.C. of Barbil Police Station before he is released on bail.

(v) He will remain present on each date fixed for trial subject to any order passed by the learned trial Court under Section 317 Crl.P.C.

(vi) He shall not leave District- Keonjhar without prior permission of the learned trial Court after the trial starts.

Violation  of  any  condition  will  entail  in  cancellation  of bail/recall of this order.

The BLAPL is accordingly disposed of.

Urgent  certified  copy  of  this  order  be  granted  on  proper application.

Copy of this order be supplied to Ms. S. Mishra, learned Addl. Standing Counsel for onward transmission to the IIC, Barbil Police Station.

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