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Judgment
G. Satapathy, J
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
This is an application U/S.439 of Cr.P.C. by the petitioners for grant of bail in connection with G.R. Case No.242 of 2022 arising out of Rajkaniha P.S. Case No.106 of 2023 pending in the file of learned J.M.F.C., Aul, for commission of offences punishable under Sections 457/380 of IPC, on the allegation of committing theft of some batteries used in Telecom Tower.
In the course of hearing of the bail application, Mr. R. Behera, learned counsel for the petitioners submits that although the petitioners have been implicated in this case, but the FIR has been lodged against unknown persons and the petitioners have been implicated in this case solely on the basis of confession of co-accused persons, which is not admissible in the eye of law, but the co-accused have already been granted bail. On these submissions, learned counsel for the petitioners prays to grant bail to the petitioners.
On the contrary, Mr. S.R. Roul, learned ASC, however, strongly opposes the bail application of the petitioners by inter alia submitting that the petitioners are habitual offenders and they are involved in this case for committing theft of batteries worth Rs.2.60 lakhs and, therefore, the petitioners should not been granted bail.
After considering the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioners and keeping in view the manner and circumstance of implication of the petitioners in this case and regard being had to the pre trial detention of the petitioners since 28.02.2023 and taking into account the other circumstance on record in entirety, this Court admits the petitioners to bail.
Hence, the bail application of the petitioners stands allowed and they are allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-
(i) the petitioners shall not commit any offence while on bail,
(ii) the petitioners shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with,
(iii) the petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and
(iv) the petitioners shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on a Sunday of every month in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from the custody and
The I.I.C. of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording their attendance beyond the time as stipulated.
It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioners for similar type of offences in future on prima facie accusations may be treated as a ground for cancellation of bail in this case.
Accordingly, the BLAPL stands disposed of.
Issue urgent certified copy of the order as per Rules.
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