Prasanta Nayak vs State Of Odisha

D.Dash, J

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

The Petitioner being in custody in connection with Jajpur Road P.S. Case No.412 of 2020 corresponding to C.T. Case No.1445 of 2020 on the file

of learned J.M.F.C., Jajpur Road running for commission of offence under sections 395/457 of the IPC and section 25/27 of the Arms Act, has filed

this application under section 439 of the Cr.P.C. for his release on bail.

Learned counsel for the Petitioner submits that the Petitioner being arrested in the case on 9.11.2020, has been in custody since then. He further

submits that the Petitioner has first of all been arraigned in the case on the basis of the statement of the co-accused and then in the T.I. Parade held

after one month, though the identifying witnesses have identified him to be one among the culprits as to have entered into the house in committing the

offence they do not state as to any particular role played therein. He further submits that no such incriminating article has been seized from the

possession of this Petitioner and such articles along with cartridge, as per the prosecution case has been seized from the possession of the co-accused

Aju @ Ajay Mallick. It is further submitted that the Petitioner having been arrested in another case registered for commission of offence 399/402 of

the IPC and 25 of the Arms Act and section 4 of E.S. Act has been taken on remand in the present case. It is submitted that the investigation of the

case is complete and the charge has already been submitted when co-accused Aju @ Ajay Mallick is in custody. With all these above, as provided by

the prosecution in support of the charge against the Petitioner, he urges for grant of bail to the Petitioner as according to him his further detention in

custody till conclusion of the trial would serve no useful purpose when there remains no scope on the part of the Petitioner to flee from justice and

tamper the evidence.

Learned counsel for the State opposes the move. According to him, the Petitioner along with others have been identified by the witness in the T.I.

parade and the witnesses have clearly sated as to the presence of the Petitioner in the house with others.

Considering the submissions made; further keeping in view the nature of accusation and taking into account other surrounding circumstances

including the period of detention of the Petitioner in custody, while being inclined to grant bail to the Petitioner, it is directed that the Petitioner be

released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions

that he will appear in person before the Court in seisin of the case on each date of posting of the case; and shall report before the Inspector-in-Charge

of the concerned P.S. on every Monday in between 10.00 am to 2.00 pm till conclusion of the trial.

Violation of any of the above condition(s) shall entail cancellation of bail.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

……………………………