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Judgment
11 paragraphs · 344 wordsS.S. Mishra, J
The petitioner is accused in Kamakhyanagar P.S. Case No.45 of 2015 corresponding to G.R. Case No.105 of 2015 for the offences under Sections-457/458/395/397 IPC pending in the Court of the learned Addl. Sessions Judge, Kamakhyanagar.
The allegation against the petitioner is that one Raj Kishore Sahoo, Manager of I.D. Liquor shop, Bhalumunda, Kamakhya Nagar lodged a written F.I.R. before the I.I.C., Kamakhya nagar Police Station to the effect that on 16.03.2015 mid-night, four persons being armed with deadly weapons entered into his I.D. Liquor shop and assaulted the staff and committed theft of cash of Rs.58,641/- from the cash box, one mobile phone etc. Basing on the aforesaid allegation, the I.I.C., Kamakhya Nagar Police Station, Dhenkanal registered the case against the petitioner.
The co-accused Gagan Naik @ Majhi has been granted bail by this Court on 27.02.2024 vide BLAPL No.251 of 2024.
The petitioner had approached the learned Addl. District & Sessions Judge, Kamakhyanagar praying for grant of bail. The learned Court below vide its order dated 07.02.2024 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.
Learned counsel for the petitioner submits that the plea of bail of the present petitioner is not pending before any other Court except the present one.
Taking into consideration the period of custody since 26.12.2023 and the nature of accusation and the fact that the co-accused person has already been enlarged on bail, I am inclined to admit the petitioner on bail.
Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to the further condition that he shall cooperate with the investigation and shall not tamper with the evidence in any manner.
Violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.
The BLAPL is accordingly disposed of.
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