Debendra Bankara vs State Of Odisha

V. Narasingh, J

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

The Petitioner is an accused in G.R. Case No.647 of 2022 pending on the file of learned J.M.F.C., Rajgangpur, Sundargarh arising out of Rajgangpur P.S. Case No.360 of 2022 for commission of the offence under Sections 457/394 IPC and Sections 25/27 of the Arms Act.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge, Sundargarh, by order dated 13.03.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 20.12.2022 on the allegation of snatching away ear rings and other valuables and cash of Rs.8000/- from the Informant at the gun point.

Relying on the property seizure memo, which is on record, which is fortified by the order of rejection, it is submitted that during investigation there has been seizure of mobile phone and cash of Rs.8000/- from the possession of the Petitioner. Hence, it is stated that further continuance of the Petitioner is not warranted.

Referring to the order of rejection, learned counsel for the State opposes the prayer for bail, inter alia, on the ground that the Petitioner has 2 criminal antecedents of similar nature.

Per contra, learned counsel for the Petitioner submits that after being taken into custody in the case at hand, the Petitioner has been remanded in the other 2 cases in which he has already been released on bail by the learned Court in seisin.

It is the further submission of the learned counsel that one of the co-accused, namely, Prasanta Hess (accused no.4) has since been released on bail by the learned Court in seisin.

Considering the recovery, as noted and the manner in which the Petitioner has been implicated as an accused in 2 cases in which he has been released on bail by the learned Court in seisin, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.

Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station twice every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin and shall not threaten the Informant and/or her family members. It shall be open to the prosecution to seek variance of this order in the event there is any threat perception.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rule.

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