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Raj Ratan Nag vs State Of Odisha

Orissa High Court · Decided on 21 September 2023 · Citation: (2023) 09 OHC CK 0152

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 394, 457 · Arms Act, 1959 — Section 25, 27
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 10345 Of 2023
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Judgment

15 paragraphs · 383 words

V. Narasingh, J

1.

Heard learned counsel for the Petitioner and learned counsel for the State.

2.

The Petitioner is an accused in connection with G.R Case No.45 of 2023, pending before the Court of the learned J.M.F.C., Tarava, arising out of Tarava P.S. Case No.48 of 2023 for alleged commission of offences under Sections 457/394 of I.P.C and Section 25/27 of the Arms Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Sonepur, by order dated 04.07.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioner is in custody since 11.03.2023 and as charge sheet has already been submitted on 04.06.2023, his further continuance in custody is unwarranted.

5.

The allegation against the present Petitioner is that he along with other co-accused after filling the vehicle with petrol when asked to pay the amount, assaulted the father of complainant with a sword.

6.

It is submitted by learned counsel for the Petitioner that the injuries are simple in nature and since charge sheet has already been filed, the Petitioner may be released on bail.

7.

It is further submitted that the Petitioner is the first offender and co-accused who has criminal antecedent has been released on bail by order dated 1.8.2023 in BLAPL No.7984 of 2023. Hence, it is stated that the Petitioner stands on better footing. Therefore, he may be released on bail.

8.

Learned counsel for the State opposes the prayer for bail.

9.

Considering the nature of allegation and release of the co-accused, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of criminal antecedent.

9.

If it comes to fore that the Petitioner has any criminal antecedent, this order shall stand recalled.

10.

Additionally, it is directed that Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

11.

Accordingly, the BLAPL stands disposed of.

12.

Urgent certified copy of this order be granted as per rules.

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