Pradeep Kumar vs State Of Odisha

A.K. Mohapatra, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with C.T.Case No.473 of 2023, arising out of Badagada P.S.Case No.269 of 2023, pending in the Court of learned J.M.F.C.-IV, Cog. Taking, Bhubaneswar for alleged commission of offence punishable under Sections 392 / 34 of IPC.

Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 19. 05.2023. He further contended that in the meantime the investigation has been concluded and charge sheet has been filed. He further contended that as per the F.I.R. allegations, the Petitioner has been stolen a gold chain, which was recovered in the meantime. He further submitted that although the Petitioner is having 13 criminal antecedents, he has been acquitted in 8 cases. He referring to the period of custodial detention, submitted that the petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that the Petitioner is having several criminal antecedents. He further submitted that in the event he is released on bail, he might indulge in similar nature offences. Therefore, on such ground, learned counsel for the State submitted that the bail application of the Petitioner be rejected at this juncture.

Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. Release of the Petitioner shall be subject to the following conditions that:-

I. The Petitioner shall not indulge in similar type of offences while on bail;

II. he shall not default in attendance of the court during trial on each date of posting; and

III. he shall appear before the jurisdictional Police Station once in a week for a period of six weeks preferably on ‘Sunday’ in between 10.00 A.M. to 1 P.M., thereafter, once in a fortnight for a period of three months, thereafter, once in a month till conclusion of the trial.

Violation of any other conditions shall entail cancellation of the bail application.

The BLAPL is, accordingly, disposed of.

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