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Judgment
11 paragraphs · 326 wordsS.S. Mishra, J
The petitioner is an accused in connection with Nayapalli P.S. Case No.581 of 2023 corresponding to C.T. Case No.1208 of 2023 for the offence under Section 379 of I.P.C. pending in the Court of the learned J.M.F.C.(III), Bhubaneswar.
The allegation as per the F.I.R is that on 09.12.2023 at about 10.00 P.M. some unknown person has committed theft of Honda Activa of the informant in front of Niramaya Hospital, Nayapalli, Bhubaneswar. Hence, the F.I.R. was registered and on suspicion the petitioner is taken into custody.
Mr. Maharaj, learned Additional Standing Counsel submits that the petitioner has criminal antecedents. Therefore, stringent conditions shall be imposed while admitting the petitioner on bail.
The petitioner had approached the learned Special Judge (CBI) Court No.1 –cum- Additional Sessions Judge, Bhubaneswar praying for grant of bail. The learned Court below vide its order dated 31.01.2024 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, the nature of accusation and the circumstances in which the offence alleged to have been committed, 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 the further condition that he shall not tamper with the evidence in any manner whatsoever. The petitioner shall appear before the concerned police station every week for three months from the date of his release.
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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