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Judgment
10 paragraphs · 284 wordsSavitri Ratho, J
This application under Section 439 of Cr.P.C. has been filed in connection with Chandaka P.S. Case No.297 of 2023 corresponding to G.R. Case No.1348 of 2023, pending in the file of the learned J.M.F.C. (O), Bhubaneswar where charge sheet dated 18.11.2023 has been submitted against the petitioner and one Sagar Bhoi for commission of offences punishable under Sections 394/397/307 of IPC.
The prayer for bail of the petitioner had been rejected on 05.12.2023 by the learned 3rd Addl. Sessions Judge, Bhubaneswar in B.A. No.2173 of 2023.
The prosecution allegation in brief is that on 15.09.2023 at about 9.15 p.m., when the informant was returning from duty by foot, two unknown persons came in a motorcycle and assaulted him on his head with a sharp cutting weapon and snatched away his mobile phone and wallet containing Rs.1,500/- . He was subsequently rescued by his colleague and underwent treatment at the hospital.
Mr.G.R.Dhal, learned counsel for the petitioner submits that the petitioner is in custody since 18.09.2023 investigation has been over in the meanwhile. So, the petitioner may be released on bail.
Mr.S.S.Pradhan, learned Addl. Government Advocate opposes the prayer for bail stating that the petitioner has been identified in T.I. parade, grievous injuries have been sustained by the informant on his head and the petitioner has four criminal antecedents, so he does not deserve to be released on bail.
Considering the nature of allegations against the petitioner and as he has four criminal antecedents, I am not inclined to release the petitioner on bail at this stage.
The BLAPL is accordingly dismissed.
Urgent certified copy of this order be granted on proper application.
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