Sanu @ Debi Prasad Roul vs State Of Odisha

S.S. Mishra, J

The petitioner is an accused in connection with Nayagarh P.S. Case No.206 of 2023 corresponding to G.R. Case No.681 of 2023 for the offence under Section 392 of the IPC pending in the Court of learned S.D.J.M., Nayagarh.

The allegation as per the F.I.R. is that On 16.09.2023 the informant alleged that while she was returning to her village by her scooty, on her way near new bus stand, Nayagarh, one unknown person came on a bike from her backside and snatched away her gold chain from her neck. Basing upon such allegation, the FIR was registered.

Learned counsel for the petitioner submits that other co-accused person has already been enlarged on bail by the Court below and the gold chain which was allegedly snatched from the informant, has already been recovered.

Mr. Ragada, learned Additional Government Advocate opposes the prayer for bail.

The petitioner had approached the learned Additional Sessions Judge, Nayagarh praying for grant of bail. The learned Court below vide its order dated 01.02.2024 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.

Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one.

Taking into consideration the period of custody from 17.09.2023, the nature of accusation and the quantity of contraband seized, I am inclined to admit the petitioner on bail.

Hence, the petitioner 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 further condition that he shall not tamper with the evidence in any manner whatsoever.

Violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.

The BLAPL is accordingly disposed of.

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