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Judgment
11 paragraphs · 340 wordsS.S. Mishra, J
This is an application under Section-439 Cr.P.C.
The petitioner is an accused in G.R. Case No.519 of 2023 arising out of Raibaga P.S. Case No.143 of 2023 for the offence under Section-394/34 IPC pending in the Court of the learned J.M.F.C., Biramitrapur.
The allegation against the petitioner is that the informant namely Suman Gartia lodged a written report before the I.I.C., Raibaga Police Station alleging that on 16.11.2023 his vehicle was going to Simdega, Jhakhanda being driven by his driver. On the way, two known persons came in front of the vehicle and assaulted the driver and took away the said vehicle from the possession of the petitioner. Thereafter, the informant chased the accused persons and recovered the vehicle along with two accused persons.
The petitioner had approached the learned 2nd Addl. Sessions Judge, Rourkela praying for grant of bail. The learned Court below vide its order dated 12.01.2024 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 17.11.2023 and the fact that both persons were arrested from the spot and the vehicle was recovered, 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 investigation and shall not tamper with the evidence in any manner whatsoever and subject to verification of similar type of antecedents 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.
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