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Judgment
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 G.R. Case No.1036 of 2024, arising out of Rambha P.S Case No. 327 of 2024, pending in the Court of learned J.M.F.C., Khallikote for alleged commission of offence punishable under Sections 399/402 of I.P.C. read with 25(l)(a) of Arms Act.
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 23. 05.2024. He further contended that the Petitioner has been falsely implicated in the present case. He further contended that the Petitioner has two criminal antecedents, but not in similar nature. In such view of the matter learned counsel for the Petitioner contended 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 investigation is still on, therefore, in the event the Petitioner is released on bail, the same would cause delay in conclusion of the investigation and trial. 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.25,000/- (Rupees Twenty Five thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter subject to the following terms and conditions:
I) shall appear before the jurisdictional Police Station once in a fortnight for a period of three months preferably on ‘Sunday’ in between 10.00 A.M. to 1 P.M., thereafter once in a month till conclusion of the trial.
Violation of any of the terms and conditions shall entail cancellation of bail.
It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper.
It is further directed that the bail granted to the Petitioner be subject to the condition that the court below shall verify the criminal antecedents of the Petitioner. In the event it is found that the Petitioner is having more than two criminal antecedents, this bail order shall automatically stand revoked.
The BLAPL is, accordingly, disposed of.
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