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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 Petitioners 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 Petitioners for regular bail in connection with G.R. Case No.376 of 2023, arising out of Nirakarpur P.S. Case No.133 of 2023, pending in the Court of learned N.G.N.-cum-J.M.F.C., Tangi for alleged commission of offence punishable under Sections 457/380 of IPC.
It is submitted by the learned counsel for the Petitioners that the Petitioners were initially arrested in connection with another case. He further submitted that in the present case, the Petitioners have been taken on remand since 22.08.2023. He further contended that initially the F.I.R. was lodged against unknown accused persons, therefore, the Petitioners have been falsely implicated in the present case. In such view of the matter learned counsel for the Petitioners contended the Petitioners 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 Petitioners on the ground that the Petitioners are having several criminal antecedents. Further submitted that in the event the Petitioners are released on bail, they might indulge in similar criminal offences. Therefore, on such ground, learned counsel for the State submitted that the bail application of the Petitioners 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 Petitioners on bail subject to imposition of stringent conditions.
Hence, it is directed that the Petitioners be released on bail in the aforesaid case on furnishing a bail bond of Rs.25,000/- (Rupees Twenty Five thousand) each 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:-
I. The petitioners shall not indulge in similar type of offences while on bail;
II. shall not default in attendance of the court during trial on each date of posting; and
III. 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 the bail.
It is further directed that the bail granted to the Petitioners is subject to depositing a cash security of Rs.5,000/- (Rupees five Thousands) each of before the learned Court in seisin over the matter, which shall be kept in any Nationalized bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case.
The BLAPL is, accordingly, disposed of.
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