Seikh Sahadat vs State Of Orissa

A.K. Mohapatra, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with G.R. Case No.735 of 2022, arising out of Belpada P.S. Case No.165 of 2022, pending in the Court of learned S.D.J.M., Patnagarh for alleged commission of offence punishable under Section 392 of IPC read with Section 25/27 of Arms Act.

Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 08.04.2024. He contended that the F.I.R. was lodged by an unknown accused person and the Petitioner has been taken into custody in the present case. Further, referring to the allegations made in the F.I.R., learned counsel for the Petitioner submitted that a total sum of Rs.61750/- snatched away from the informant along with mobile phone. Only mobile phone recovered from the conscious possession of the Petitioner. Learned counsel contended that the Petitioner does not have any similar criminal antecedents and that he has been falsely implicated in the present case. It was contended that the Petitioner belongs to the locality and there is no chance of absconding. In such view of the matter learned counsel for the Petitioner contended the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that the allegations made in the F.I.R. are very serious in nature. Further, submits that the investigation is still open and in the event this Court is released the Petitioner on bail, there is an every possibility that the Petitioner may not cooperate with the trial and the same would cause delay in conclusion of the trial. Therefore, on such ground, learned counsel for the State submitted that the bail application of the Petitioner be rejected at this juncture.

Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, further keeping in view the fact that the Petitioner does not have any similar criminal antecedent, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter subject to the following terms and conditions:

I) he shall not indulge in similar criminal offences while on bail;

II) shall cooperate with the investigation and appear before the I.O. as and when his presence is required for investigation; and

III) shall make any default in attending the court during trial on each date without fail;

Violation of any of the terms and conditions shall entail cancellation of bail.

It is further directed that the bail granted to the Petitioner is subject to depositing a cash security of Rs.10,000/- (Rupees Ten Thousands) of before the learned Court in seisin over the matter, which shall be kept in any Nationalized bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case.

It is further directed that the bail granted to the Petitioner be subject to the condition that the court below shall verify the criminal antecedent of the Petitioner. In the event the Petitioner is having any similar criminal antecedent, this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

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