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Judgment
12 paragraphs · 292 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in connection with G.R. Case No.876 of 2023 pending in the Court of learned S.D.J.M., Jeypore, Dist-Koraput, arising out of Jeypore Town P.S. Case No.235 of 2023 for commission of offence alleged under Sections 379 of IPC.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District & Sessions Judge-cum-Special Judge, Vigilance, Jeypore by order dated 02.09.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 11.08.2023 on the allegation of committing of theft of battery.
It is further submitted that since investigation has progressed substantially, Petitioner may be released on bail.
Learned counsel for the State opposes the prayer for bail and submits that the Petitioner was nabbed at the spot and keeping in view his criminal proclivity, as borne out from the order of rejection, he ought not to be released on bail.
Taking into account the nature of allegation, period of custody and the age of the Petitioner (20 years), 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 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 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 rules.
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