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Judgment
11 paragraphs · 343 wordsS.S. Mishra, J
This is an application under Section-439 Cr.P.C.
The petitioner is an accused in connection with I.C.C. Case No.168 of 2005 for the offences under Sections-347/395/506/294/34 IPC pending in the Court of the learned S.D.J.M., Keonjhar.
The allegation against the petitioner is that the complainant while proceeding to meet one Mr. Aswini Kumar Mohanty, in front of his house at Mining Road, both the accused persons along with two other boys came in two vehicles and without any provocation they started pulling the motor cycle of the complainant. The complainant and Mr. Aswini Mohanty objected to this. Then the accused no.1 disclosed his identity to be the Collection Manager of the ICICI Bank and forcibly taken the motor cycle of the complainant on the pretext of the default in repayment of the loan dues.
The petitioner had approached the learned District & Sessions Judge, Keonjhar Baripada praying for grant of bail. The learned Court below vide its order dated 18.01.2024 has 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 09.01.2024, the nature of accusation and the circumstances in which the offence alleged to have been committed, 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 condition that he shall cooperate with the investigation and shall not tamper with the evidence in any manner whatsoever subject to verification of the criminal antecedent of the petitioner.
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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