Rakesh Choudhary vs State Of Odisha

Savitri Ratho, J

This is the second application of the petitioner under Section 439 of Cr.P.C. in this Court in connection with Barbil P.S. Case No. 244 of 2023 corresponding to G.R. Case No. 741 of 2023 pending in the court of the learned J.M.F.C., Barbail where preliminary chargesheet dated 02.01.2024 has been submitted against the petitioner, one Sandip Singh, Biltu Kumar Singh and Rabi Kumar Ram @ Ravi for commission of offences punishable under Sections 399/402 of the IPC and Section 25 of the Arms Act.

The earlier bail application – BLAPL No.11231 of 2023 filed by the present petitioner, co-accused Sandeep Singh and Biltu Kumar Singh has been dismissed on 16.10.2023 granting liberty to them to move for bail afresh after completion of investigation.

Prayer for bail of the petitioner has thereafter been rejected on 29.01.2024 by the learned Addl. Sessions Judge, Champua in B.A. No.18 of 2024.

The prosecution allegations in brief against the petitioner are that on 06.09.2023, the Sub Inspector of Barbil Police Station lodged F.I.R. stating that on the same day at about 11.30 P.M. while they were performing patrolling duty, on getting reliable information at about 12.15 A.M. that some persons were conspiring at Damu Hutting Field and preparing to commit dacoity, they reached the spot and found one white colour Nexa Car bearing Registration No. JH-05-CZ-0020 with some persons sitting inside. The present petitioner was apprehended from the car and one country made pistol was seized from the possession of the petitioner- Rakesh Choudhury, two bhujalis from the co-accused - Sandeep Singh and Biltu Kumar Singh and one packet of chilly powder from co-accused, Ravi Kumar Ram apart from mobile phones, some beer bottles and one paper containing map of the locality.

Mr.Milan Kanungo, learned Senior counsel for the petitioner submits that the petitioner is in custody since 07.09.2023 and he has no criminal antecedents. Co-accused Ravi Kumar Ram in BLAPL No.11810 of 2023 and co-accused Sandeep Singh in BLAPL No.1270 of 2024 have been granted bail by this Court, so the prayer for bail of the petitioner may also be allowed.

Mr.S.S.Mohapatra, learned Addl. Standing Counsel opposes the prayer for bail stating that the criminal antecedents of the petitioner from Jharkhand are yet to be verified and if he is released on bail, he is likely to commit similar offence. He also submits that further investigation in the case is continuing.

Considering the materials collected against the petitioner, as police has submitted the chargesheet against the petitioner and kept it open as regards the other accused persons, co-accused- Rabi Kumar Ram @ Ravi and Sandeep Singh have been granted bail, and the submission that the petitioner has no criminal antecedents, I am inclined to allow the prayer for bail of the petitioner.

The petitioner –Rakesh Choudhary shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, subject to verification that he has no criminal antecedents in Odisha and Jharkhand, including the following conditions:

(i) He will not indulge in any criminal activity while on bail.

(ii) He will not threaten or try to influence prosecution witnesses while on bail.

(iii) He shall furnish cash surety of Rs.7500/-.

(iv) He will furnish his mobile number, copy of his Aadhaar Card and permanent address in Jharkhand to the Court, and which shall be verified by the I.I.C. of Barbil Police Station before he is released on bail.

(v) He will remain present on each date fixed for trial subject to any order passed by the learned trial Court under Section 317 Crl.P.C.

(vi) He shall not leave District- Keonjhar without prior permission of the learned trial Court after the trial starts.

Violation  of any  condition  will  entail in  cancellation  of bail/recall of this order.

The BLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

Copy of this order be supplied to Mr.S.S.Mohapatra, learned Addl. Standing Counsel for onward transmission to the IIC, Barbil Police Station.

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