K. Prasad vs State Of Odisha

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with G.R. Case No. 36 of 2023 arising out of Rayagada PS Case No. 19 dated 19.01.2023 pending in the Court of learned Additional District and Sessions Judge, Rayagada for commission of offences punishable under Sections 457/382/411/413/120-B of IPC, on the allegation of receiving stolen properties.

In the course of hearing of the bail application, Mr. H.B. Dash, learned counsel appearing for the petitioner submits that the petitioner is inside custody since 02.02.2023 and the allegation sought to be brought against the petitioner is for receiving 25 grams of gold ornaments and the investigation having progressed substantially, the petitioner may kindly be granted bail.

On the other hand, Mr. R.B. Mishra, learned AGA, however, strongly opposes the bail application of the petitioner by contending inter-alia that the petitioner was not only alleged to have received the stolen property, but also had conspired with co-accused to commit the theft. Learned AGA, accordingly, prays to reject the bail application of the petitioner.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the manner and circumstance of the implication of the present petitioner in this case and regard being had to the pre trial detention of the petitioner since 02.02.2023 and progress of investigation and no criminal antecedent being reported against the petitioner and lastly, the grant of bail to co-accused K. Sunil Kumar in BLAPL No.3812 of 2023 and K. Anil Kumar in BLAPL No.2662 of 2023, this Court admits the petitioner to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) only with one solvent surety 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 petitioner shall not commit any offence while on bail,

(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with,

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner 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 petitioner in future for similar type of offence on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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