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Judgment
18 paragraphs · 452 wordsV. Narasingh, J
Since both the two BLAPLs relate to the same P.S. Case (Rourkela P.S. Case No.49 of 2023) (in the Court of learned S.D.J.M., Rourkela), they are heard together and disposed of by this common order, on the consent of the parties.
Heard learned counsel for the Petitioners and learned counsel for the State.
The petitioners are accused in connection with G.R. Case No.1031 of 2023, pending in the Court of learned S.D.J.M., Panposh at Rourkela arising out of Rourkela P.S. Case No.49 of 2022 for alleged commission of offences under Sections 341/323/324/325/326/307/34 of IPC.
Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned 1st Additional Sessions Judge, Rourkela, by order dated 03.08.2023 & 25.07.2023 in the aforementioned cases respectively, the present BLAPLs have been filed.
It is submitted by the learned counsel that the Petitioners are in custody since 22.06.2023 and as final form has been submitted on 19.08.2023, further continuance of the Petitioners in custody is unwarranted.
The copy of the final form submitted by the learned counsel for the Petitioners is taken on record.
It stated by the learned counsel that the Petitioners are the first offenders.
Learned counsel for the State opposes the prayer for bail referring to the injury report in which the injuries have been categorized as grievous and relying on the statement of the injured.
Learned counsel for the Petitioners on instruction submits that injured has recovered and is leading a normal life.
Taking note of the filing of the charge sheet and that the Petitioners are the first offenders, this Court directs the petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.
Before releasing the Petitioners on bail, learned Court in seisin is called upon to verify the criminal antecedent of the Petitioners. If it comes to the fore that the Petitioners have any criminal antecedent, the order shall stand recalled.
Additionally, it is directed that the Petitioners shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin.
It is further directed that the petitioner shall not in any way try to intimidate the victim and his family.
It shall be open to the victim and his family to seek variance of this order, in case there is any threat perception.
Accordingly, the BLAPLs stand disposed of.
Urgent certified copy of this order be granted as per the rules.
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