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Judgment
14 paragraphs · 375 wordsV. Narasingh, J
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is an accused in connection with C.T. Case No.1278 of 2023, pending on the file of the learned ADJ-cum-Special Judge (POCSO), Jharsuguda, arising out of Lakhanpur P.S. Case No.168 of 2023, for alleged commission of offences under Section 395 of IPC.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned ADJ-cum-P.O., Special Court, POCSO, Jharsuguda by order dated 05.08.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the petitioner is in custody since 07.07.2023 on the allegation of committing dacoity of stealing aluminium conductors and cables.
It is stated by the learned counsel since investigation has progressed substantially, further continuance of the petitioner in custody is unwarranted.
Learned counsel for the State opposes the prayer for bail during currency of investigation and more so when the petitioner has one criminal antecedent inasmuch as he has been cited as an accused in Rengali P.S. Case No.67 of 2023.
Per contra, learned counsel for the petitioner submits that in the said case, the petitioner has been granted bail and after arresting in the case at hand he was falsely implicated in the said case.
Taking into account the progress in investigation and the period in custody and the criminal antecedent as noted, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
Additionally, it is directed that the 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 submission of final form. Certification of such appearance shall be submitted to the learned Court in seisin.
Before releasing the petitioner, learned Court in seisin is called upon to verify criminal antecedent of the petitioner. If it comes to the fore that the petitioner has more than one criminal antecedent as noted above, this order shall stand recalled.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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