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Judgment
11 paragraphs · 488 wordsA.K. Mohapatra, J
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
Heard learned counsel appearing for the Petitioner as well as learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.
The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with C.T. Case No.1261 of 2023, arising out of Nayapalli P.S. Case No.603 of 2023, pending in the Court of learned J.M.F.C.-III, Bhubaneswar, for alleged commission of offences punishable under Sections 457/380/413/34 of the I.P.C.
It is submitted by the learned counsel for the Petitioner that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioner is in custody since 29.12.2023. He further contended that in the meantime investigation has been concluded and charge sheet has been filed. He further submitted that in the meantime the investigation has been concluded and the final charge sheet has been filed for the alleged commission of offence under Section 457/380/413/34 of I.P.C. Learned counsel for the Petitioner further contended that two of the co-accused persons, namely, Prabhat Sahoo has been released on bail by the Court of Sessions Judge, Khurda and Sk. Oranjeb released on bail by the learned Sessions Judge, Khurda. Further, it is contended that another co-accused person, namely, Ikalakul Rehaman has been released on bail by this Court in BLAPL No.2944 of 2024 on 05.04.2024. In such view of the matter, learned counsel for the Petitioner contended that the Petitioner be released on bail on such terms and conditions as would be deemed fit and proper by this Court.
Learned counsel for the State, on the other hand, opposed the release of the Petitioner on bail on the ground that the allegations made in the F.I.R. are serious in nature and that in the event the Petitioner is released on bail, he may abscond from justice.
Considering the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the materials on record and taking into consideration the period of detention, this Court is inclined to release the Petitioner on bail.
Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.35,000/- (Rupees thirty five thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. The release of the Petitioner shall also be such other terms and conditions as would be imposed by the Court in seisin over the matter. Additionally, the release of the Petitioner shall also be subject to verification of the fact that co-accused persons have been released on bail by the trial court.
The BLAPL is, accordingly, disposed of.
Issue urgent certified copy of this order as per Rules.
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