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Judgment
12 paragraphs · 369 wordsS.S. Mishra, J
This is an application under Section-439 Cr.P.C.
The petitioners are accused in connection with Info Valley P.S. Case No.19 of 2024 corresponding to G.R. Case No.42 of 2024 for the offences under Sections-341/294/323/354/379/506/353/34 IPC pending in the Court of the learned J.M.F.C., Jatni.
The allegation against the petitioners is that on 16.01.2024, on the source of information, the informant along with other staff conducted raid in village Harapur. During raid, the informant apprehended one Gundu @ Biswanath Singh who was selling country made/I.D. liquors. Thereafter, they seized 10 ltrs. of I.D. liquor from the possession of Gundu @ Biswanath Singh. It is further alleged that while preparing seizure list, the accused Gundu made hulla and all of a sudden, Bapi @ Bijay Samantasinghar, Kunu Samantasinghar and the petitioner along with others being armed with lathi and deadly weapons came to the spot and abused in slang languages to the police staff.
The co-accused S. Samantasinghar has been enlarged on anticipatory bail by the coordinate Bench of this Court on 21.02.2024 in ABLAPL No.1407 of 2024.
The petitioners had approached the learned Sessions Judge, Khurda at Bhubaneswar praying for grant of bail. The learned Court below vide its order dated 07.02.2024 has rejected the bail application of the petitioners. Being aggrieved, the petitioners have filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.
Learned counsel for the petitioners submits that the plea of bail of the petitioners is not pending before any other Court except the present one.
Taking into consideration the period of custody from 20.01.2024 and the nature of accusation, I am inclined to admit the petitioners on bail.
Hence, the petitioners 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 they shall cooperate with the investigation and shall not tamper with the evidence in any manner whatsoever.
Non-cooperation in the investigation and/or violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioners.
The BLAPL is accordingly disposed of.
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