Sagar Mohapatra vs State Of Odisha

V. Narasingh, J

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

The Petitioner is an accused in connection with G.R. Case No.435 of 2023 pending in the Court of learned N.G.N-cum-J.M.F.C., Tangi, arising out of Tangi P.S. Case No.503 of 2023 for commission of the alleged offence under Sections 394/411 of IPC.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned 1st Additional Sessions Judge, Khurda by order dated 27.07.2023 in the aforementioned case, the present bail application has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 04.07.2023 and as charge sheet has been filed on 31.08.2023 and since there has been substantial seizure, his further continuance in custody is unwarranted.

Learned counsel for the State opposes the prayer for bail in view of the criminal antecedents of the Petitioner.

Taking into account the nature of allegation, the period in custody and filing of the charge sheet, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin to ensure the presence of the Petitioner on each date of trial.

Keeping in view the criminal proclivity of the petitioner, additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every week 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 learned Court in seisin.

It is further directed that in addition to the sureties so fixed, one surety shall be immediate member of the family of the petitioner, who shall execute a P.R. bond.

Accordingly, the BLAPL stands disposed of.

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

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