Mallika P @ Mallika vs State Of Odisha

A.K. Mohapatra, J

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

Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State.

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with G.R.Case No.233of 2024 corresponding to Banapur P.S.Case No.147 of 2024 pending in the Court of the learned Asst. Sessions Judge, Banapur for alleged commission of offence under Section 392 of I.P.C.

4.Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 01.04.2024. He further submitted that the investigation has progressed substantially. Further referring to the allegation made in the F.I.R., learned counsel for the petitioner submitted that although an allegation of chain snatching has been made by the informant. However, the same has not taken away by the accused. He further submitted that the petitioner has been falsely implicated in the present case. It was also contended that the petitioner does not have any similar criminal antecedent. He further contended that the petitioner belongs to the locality, therefore there is no chance of absconding. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that in the event the Petitioner is released on bail, there is a possibility that he might indulge in similar criminal offences. Accordingly, it was prayed that the bail application of the Petitioner be rejected at this juncture.

Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, further taking into consideration the period of detention, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. Violation of any of the terms and conditions shall entail cancellation of bail.

It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner is having any criminal antecedent of similar nature. In the event it is found that the Petitioner is having any similar criminal antecedent, this bail order shall automatically stand revoked.

BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

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