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Judgment
13 paragraphs · 345 wordsS.S. Mishra, J
The petitioner is an accused in connection with Lephripada P.S. Case No.151 of 2023 corresponding to G.R. Case No.806 of 2023 for the offences under Sections 379/34 of I.P.C. pending in the Court of the learned S.D.J.M., Sundargarh.
The allegation against the petitioner as per the F.I.R is that on 10.08.2023, while the informant had parked his motorcycle at his agana (house premises), somebody has stolen the said motorcycle. Accordingly, the F.I.R. was lodged, the petitioner was arrested.
Mr. B.K. Ragada, learned Additional Government Advocate submits that the petitioner has seven cases against him.
Learned counsel for the petitioner submits that
out of seven cases, the petitioner has already been acquitted in four cases and in three cases, the petitioner is on bail.
The petitioner had approached the learned Additional Sessions Judge, Sundargarh praying for grant of bail. The learned Court below vide its order dated 26.12.2023 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.
Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one.
Taking into consideration the period of custody from 05.09.2023, the nature of accusation and the circumstances in which the offence alleged to have been committed, I am inclined to admit the petitioner on bail.
Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to the further condition that he shall cooperate with the investigation and he shall not tamper with the evidence in any manner whatsoever. The petitioner shall appear before the I.I.C., Lephripada Police Station on very Sunday for three months from the date of his release.
Violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.
The BLAPL is accordingly disposed of.
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