Dipendra Behera 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.1868 of 2022 pending on the file of learned J.M.F.C., Khallikote arising out of Khallikote P.S. Case No.746 of 2022 for commission of the offence under Sections 457/380/34 IPC.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge, Khallikote, by order dated 04.05.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 25.04.2023 on the accusation of committing theft of television set from Anganwadi Centre.

It is further submitted that the said television set has been recovered in the meanwhile and since investigation has progressed substantially, further continuance of the Petitioner in custody is not warranted.

It is stated that the Petitioner is the first offender.

Learned counsel for the State opposes the prayer for bail during currency of investigation.

Considering the nature of accusation, punishment prescribed and age of the Petitioner (21 years), this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.

Before releasing the Petitioner on bail, learned Court in seisin shall verify his criminal antecedent of similar nature. If it comes to fore that the Petitioner has any such criminal antecedent, this order shall stand recalled.

Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the Court in seisin.

Accordingly, the BLAPL stands disposed of.

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

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