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Judgment
17 paragraphs · 594 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in connection with S.T. Case No.15/174 of 2023 pending on the file of learned Sessions Judge, Nayagarh, arising out of Khandapada P.S. No.61 of 2022 for commission of offence alleged under Sections 395/397/412 of IPC.
Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Assistant Sessions Judge, Khandapada by order dated 29.09.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner has been remanded in the case at hand on 02.09.2022 and as charge sheet has already been filed on 26.12.2022 and the trial is not progressing, Petitioner may be released on bail.
Learned counsel for the State opposes the prayer for bail in view of the earlier rejection of his bail application of the Petitioner by this Court by order dated 18.04.2023 in BLAPL No.11515 of 2022 and it is submitted that there is no change in circumstance.
It is also the submission of the learned counsel for the State that the Petitioner ought not to be released on bail because of his criminal proclivity and in this context, he places on record that the Petitioner has been cited as an accused in Nayagarh P.S. Case No.77 of 2020 U/s.498-A/506/34 of IPC and Nayagarh P.S. Case No.153 of 2022 U/s.302/34 of IPC which has turned to Section 396/397/34 of IPC read with Section 27 of the Arms Act.
Learned counsel for the Petitioner submits with vehemence that the Petitioner has been remanded in the case at hand because of his criminal proclivity and reiterates his submission that there is no material to connect him with the alleged crime save and except the statement of the co-accused.
He also relies on orders passed by this Court dated 18.04.2023 in BLAPL No.12192 of 2022, order dated 16.05.2023 in BLAPL No.12465 of 2022 and order dated 01.09.2023 in BLAPL Nos.7125 of 2023, 11351 of 2022 and 7145 of 2023 relating to co-accused and seeks release inter alia on the ground of parity.
A report was called for from the learned Court in seisin regarding the stage of trial. In the said report, it is indicated that the matter is posted to 16.01.2024 on the point of charge.
Considering the nature of accusation, release of the co-accused and that the case has not progressed beyond the stage of framing of charge and taking into account the period of detention vis-à-vis the nature of allegation, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin so as to ensure his presence on each date of trial.
Additionally, it is directed that Petitioner shall appear before the jurisdictional police station twice 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 Court in seisin.
It is further directed that one of the family member of the Petitioner shall execute a P.R bond in addition to the sureties so fixed.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rules.
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