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Judgment
19 paragraphs · 739 wordsG. Satapathy, J
BLAPL NOS.1548, 1551 & 1556 OF 2023
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
Since all these three bail applications arise out of one and same case record and the counsels appearing for the parties being same, these three bail applications are heard together and disposed of by this common order with consent of the learned counsel for the parties.
A memo filed by learned counsel for the petitioners is taken on record and accordingly, the bail application of petitioner No.2-Nisha @ Nisar Rahaman @ Ahamad in BLAPL No. 1556 of 2023 stands disposed of as not pressed and this bail application (BLAPL No. 1556 of 2023) is only confined to Milan Sahu, Jahangir Khan and Barun Mallik.
These three bail applications are U/S. 439 of Cr.P.C. by the petitioners for grant of bail in connection with Athamallik P.S. Case No.15 of 2023 corresponding to G.R. Case No. 73 of 2023 pending in the Court of learned S.D.J.M., Athmallik for commission of offences punishable under Section 395 of the IPC, on the allegation of committing dacoity of different constructing materials, such as iron pipe, roller, dozer and compressor in a truck from the stockyard of Manjore Irrigation Project.
In the course of hearing of the bail applications, Mr.M.K.Chand, learned counsel for the Petitioners in all the three bail applications very fairly submits that this is a not a case of U/S. 395 of IPC., rather at best the materials on record disclose a case of U/S. 379 of IPC. and the petitioners having detained in custody near about six months with submission of charge sheet may kindly be granted bail.
On the other hand, Mr. S.S.Pradhan, learned AGA submits that two of the petitioners having being identified in T.I. parade and rest of the petitioners being apprehended red-handed, their bail applications should not be considered positively when there is allegation of dacoity against them. It is further submitted that although the charge sheet has been submitted in this case, but materials placed on record disclose a strong primafacie case against all the petitioners and therefore, the bail application of the petitioners may kindly be rejected.
After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioners and keeping in view the nature and strength of supporting materials available on record and regard being had to the recovery of all the robbed materials and taking into account the pretrial detention of the petitioners since 20.01.2023 and no criminal antecedent being reported against any of the petitioners, this Court considers the bail application of the petitioners leniently.
Hence, the bail applications of the petitioners except the petitioner No.2-Nisha @ Nisar Rahaman @ Ahamad in BLAPL No. 1556 of 2023, stand allowed and the petitioners therein are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) each with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-
(i) the petitioners shall not commit any offence while on bail.
(ii) the petitioners shall attend the trial Court on each date of posting without fail unless their attendance are dispensed with.
(iii) the petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case.
(iv) the petitioners shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 12 Noon for six(06) months from the actual date of their release from the custody.
The I.I.C. of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording their attendance beyond the time as stipulated.
It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioners for any offence in future on prima facie accusations may be treated as a ground for cancellation of bail.
Accordingly, all the bail applications stand disposed of.
Urgent certified copy of the order be granted on proper application.
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