High CourtsSingle Bench

Hitesh Putel & Others vs State Of Odisha

Orissa High Court · Decided on 3 May 2023 · Citation: (2023) 05 OHC CK 0049

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 120B, 379, 411
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 4800 Of 2023
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Judgment

11 paragraphs · 283 words

V. Narasingh, J

1.

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

2.

The Petitioners are accused in C.T. Case No.66 of 2023 pending on the file of learned J.M.F.C., Kesinga, arising out of Kesinga P.S Case No.71 of 2023 for commission of the alleged offence under Sections 379/411/120-B IPC.

3.

Being aggrieved by the rejection of their application for bail U/s. 439 Cr.P.C by the learned Sessions Judge, Kalahandi, Bhawanipatna by order dated 23.03.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioners made an attempt to commit the theft of a scooty and are in custody since 23.02.2023. Since the investigation has progressed substantially, they may be released on bail.

5.

Learned counsel for the State opposes the prayer in view of the criminal proclivity of the Petitioners.

6.

Considering the punishment prescribed and the period of custody and that all the Petitioners are young men of 19 and 22 years, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

7.

Additionally, it is directed that the Petitioners shall appear before the jurisdictional police station once every month 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. While fixing such date and time learned Court in seisin shall be alive to the fact that the Petitioners are of impressionable age.

8.

The BLAPL thus stands disposed of.

9.

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

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