Ladho Mahanandia vs State Of Odisha

S.S. Mishra, J

The petitioner is an accused in connection with Talasara P.S. Case No.53 of 2023 corresponding to G.R. Case No.299 of 2023 for the offences under Sections 457/380 of I.P.C. pending in the Court of the learned S.D.J.M., Sundargarh.

The allegation as per the F.I.R is that the informant Sangita Pasayat, who is working as Headmistress of Government Primary School, Tumulia while she was coming to school, got the information that there was a theft inside the school. When she reached the school, she saw that some unknown persons have took away five packets of rice, one gas cylinder, pressure cooker and five nos . of egg tray from the school premises.

Mr.   B.K.   Ragada,   learned   Additional Government Advocate submits that after completion of investigation in this case, charge sheet has already been filed. Pursuant to direction of this Court, he has obtained instruction and submits that there are as many as 18 cases registered against the petitioner, which are similar in nature and all the cases are of the year 2016. He further submits that in all those cases, the petitioner has already been enlarged on bail and the co-accused in the present case has already been enlarged on bail by this Court on 05.03.2024 in BLAPL No.851 of 2024. Therefore, some stringent conditions should be imposed against the petitioner.

The petitioner had approached the learned Additional Sessions Judge Sundargarh praying for grant of bail. The learned Court below vide its order dated 04.12.2023 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 petitioner is not pending before any other Court except the present one.

Taking into consideration the period of custody from 01.12.2023, the nature of accusation and the circumstances in which the offence alleged to have been committed, 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 not tamper with the evidence in any manner whatsoever. The petitioner shall appear before the I.I.C., Talasara Police Station on every Sunday at 10.30 A.M. for six months from the date of his release.

Violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.

The BLAPL is accordingly disposed of..

..……………………………..