Md. Azaruddin @ Md. Ajaruddin vs State Of Odisha

V. Narasingh, J

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is an accused in connection with C.T. Case No.311 of 2022, pending in the Court of the learned J.M.F.C.(I), Jharsuguda, arising out of Brajraj Nagar P.S. Case No.395 of 2022, for alleged commission of offence under Section 395 of IPC.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned AJD-cum-P.O. Special Court POCSO, Jharsuguda, by order dated 17.01.2023 in the aforementioned case, the present BLAPL has been filed.

Perused the order of rejection.

It is submitted by the learned counsel that the Petitioner is in custody from 21.12.2022 and charge sheet has been filed on 31.12.2022.

The allegation against the present Petitioner is that he along with the co-accused entered into factory premises of Orient Paper Mill and committed theft of transformer, copper coil and copper cable etc.

It is submitted that the Petitioner along with the other accused were nabbed at the spot and the stolen article were recovered and relying on the order dated 18.01.2023 passed by this Court in respect of the co-accused in BLAPL No.290 of 2023 and the order dated 27.02.2023 in BLAPL No.1344 of 2023, the Petitioner seek release.

Learned counsel for the State opposes the prayer for bail inter alia on the ground that Petitioner has criminal antecedents.

Considering the filing of the charge sheet and release of the co-accused, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

Additionally it is directed that the Petitioner shall appear before the jurisdictional police station once every month till conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rule.

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