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Judgment
13 paragraphs · 484 wordsA.K. Mohapatra, J
This matter is taken up through Hybrid mode.
Free copy of the rejection order dated 02.04.2024 was filing in Court. The same is taken report.
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. No.137 of 2024, arising out of Khantapada P.S. Case No.38 of 2024, pending in the Court of learned, J.M.F.C.(R), Balesore, for alleged commission of offence punishable under Sections 457/380 of the I.P.C.
It is submitted by the learned counsel for the Petitioner that earlier this matter was not before any other Bench of this Court. Learned counsel for the Petitioner further contended that while the Petitioner was in custody in connection with the aforesaid case, he has been taken on remand in the present case on 12.04.2024. It was further contended that the Petitioner has been falsely implicated in the present case due to political rivalry. It is also contended that the Petitioner is the President of B.J.P. Yuva Morcha, Balasore. In such view of the matter, it is submitted that the Petitioner be released on bail on such terms and conditions which he shall abide by while on bail.
Learned counsel for the State, on the other hand, opposed the release of the Petitioner on bail on the ground that the allegations made in the F.I.R. are serious in nature. He further contended that in the event the Petitioner is released on bail, there is possibility he might not appear before the trial court on each and every date of posting of the case which would cause delay in conclusion of the trial.
Having heard the learned counsels appearing for the respective parties and upon a conspectus of the surrounding facts and circumstances involved in the present bail application as well as the seriousness and gravity of the allegation, this Court is inclined to release the Petitioner on bail.
Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.25,000/-(Rupees twenty five thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. Further, the release of the Petitioner shall also be subject to the conditions that he shall cooperate with the investigation and shall appear before the I.O. as and when his presence is required by the I.O.; and he shall appear before the trial court on each and every date of posting of the case.
Violation of any of the terms and conditions shall entail cancellation of the bail.
The BLAPL is, accordingly, disposed of.
Urgent certified copy of this order be granted on proper application.
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