Raj @ Asmit Patra vs State Of Odisha

S.S. Mishra, J

This is an application under Section-439 Cr.P.C.

The petitioner is an accused in connection with Baripada Town P.S. Case No.753 of 2023 corresponding to C.T. Case No.1342 of 2023 for the offences under Sections-394/34 IPC pending in the Court of the learned S.D.J.M., Baripada.

The allegation against the petitioner is that on 04.12.2023, one Basudev Mohanta lodged a written report before the I.I.C., Baripada Town P.S. alleging that on 30.11.2023 when he was moving to Bada Bazar, Ambika Mandir at that time, two persons came in a bike and chased him and forcibly taken away the mobile phone of the informant.

The petitioner had approached the learned Additional Sessions Judge-cum-Special Judge (Vigilance), Baripada praying for grant of bail. The learned Court below vide its order dated 09.01.2024 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.

Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one.

Taking into consideration the period of custody from 08.12.2023, the nature of accusation and the circumstances in which the offence alleged to have been committed, I am inclined to admit the petitioner on bail.

Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to the further condition that he shall cooperate with the further investigation and shall not tamper with the evidence in any manner whatsoever subject to verification of the criminal antecedent of the petitioner.

Non-cooperation in the investigation and/or violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.

The BLAPL is accordingly disposed of.

.…………………………..