Shaktidhar Nayak 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 C.T. Case No.1749 of 2022 pending on the file of learned J.M.F.C., Chandikhole, arising out of Dharmasala P.S. Case No.609 of 2022 for commission of the alleged offence under Sections 457/380 IPC.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Sessions Judge, Jajpur by order dated 21.04.2023 in the aforementioned case, the present BLAPL has been filed.

The allegation against the Petitioner is theft of idols from Sri Sidha Baladebjew Temple.

It is submitted by the learned counsel that the Petitioner has been remanded in the case at hand on 21.3.2023.

It is further submitted, relying on the order relating to the co-accused who has been enlarged on bail by order dated 1.5.2023 in BLAPL No.4675 of 2023 and that the idols have been recovered from the co-accused in the meanwhile.

It is stated that the basis of implication of the Petitioner is on account of co-accused statement.

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

Taking into account the manner of implication and the release of the co-accused as noted, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

Before releasing the Petitioner on bail, learned Court in seisin shall verify criminal antecedent of similar nature. If it comes to the fore that the Petitioner has any such criminal antecedent, this order shall stand recalled.

Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the Court in seisin.

The BLAPL thus stands disposed of.

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

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