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Judgment
14 paragraphs · 352 wordsS.S. Mishra, J
The petitioners are the accused in connection with Jharsuguda GRPS Case No.128 of 2023 corresponding to C.T. Case No.2215 of 2023 for the offences under Sections 380/413/34 of the IPC pending in the Court of learned S.D.J.M., Jharsuguda.
The allegation as per the F.I.R. is that on 08.11.2023 at about 6.30, the police received a complaint regarding theft of passenger travelling in a train, i.e., T/No.22906, Shalimar – Okha Exp Coach No.A2, berth no.1 received from DSCNL/CKP. Accordingly, the F.I.R. was lodged.
Learned counsel for the petitioners submits that two co-accused, namely, Shraban Paswan and Pramod Paswan have already enlarged on bail by this Court vide order dated 04.03.2024 passed in BLAPL No.494 of 2024 and BLAPL No.425 of 2024 respectively. Therefore, the petitioner may be enlarged on bail.
Mr. Ragada, learned Additional Government Advocate submits that the petitioners have criminal antecedents.
The petitioner had approached the learned Additional Sessions Judge –cum- P.O., Special Court, POCSO, Jharsuguda praying for grant of bail. The learned Court below vide its order dated 10.01.2024has 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 20.12.2023, the nature of accusation and the quantity of contraband seized, 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 following conditions:
(i) The petitioner shall not tamper with the evidence in any manner whatsoever.
(ii) The petitioner shall appear before the I.I.C., Jharsuguda Police Station on every Sunday for two months
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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