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Judgment
Savitri Ratho, J
Heard Mr. A. Das, learned counsel for the petitioners and Mr. D.K. Mishra, learned Addl. Government Advocate for the State.
This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioners in connection with Baunsuni P.S. Case No. 102 of 2023 corresponding to C.T. Case No. 279 of 2023 pending in the Court of the learned S.D.J.M., Boudh under Sections 392, 511 of IPC read with Sections 25, 27 of the Arms Act.
The prayer for bail of the petitioners had been rejected vide order dated 07.10.2023 by the learned Sessions Judge, Boudh.
The prosecution allegation in brief is that on 06.08.2023 at about 10. 00 p.m., when the informant was in his house, hearing somebody calling him at his rear back door, he opened the door to find three persons standing with their faces covered. One of them caught hold of his two hands and another pushed up a pistol inside his mouth and they asked him to hand over the money. The informant shouted for help and his neighbours came to the spot, so the three persons ran away and escape in a car. The informant could only note the alphabet C.G. of the number plate during investigation. The petitioners were arrested and after completion of investigation, charge sheet has been submitted against them.
Mr. A. Das, learned counsel for the petitioners submits that the petitioners have been remanded in this case on 23.08.2023 and as they have been arrested in a case under Sections 307, 506, 34 of IPC and Sections 25 and 27 of the Arms Act in connection with Sonepur P.S. Case No. 185 of 2023 in which case they have been granted bail by this Court by order dated 10.11.2023 passed in BLAPL No. 10889 of 2023. He further submits that apart from these two cases, the petitioners do not have any other criminal antecedents. He further submits that nothing has been stolen in this case and the petitioners only attempted to commit robbery and they were remanded in the case on the basis of their own confession.
Mr. D.K. Mishra, learned Addl. Government Advocate for the State opposes the prayer for bail stating that the petitioners have used pistol while trying to commit robbery. Their attempt was failed due to the arrival of the villagers. They escaped from the spot but thereafter tried to
assault the police for which the case was registered under Section 307 of IPC and other offences. The petitioners do not deserve to be released on bail. He also submits that since the petitioners belong to Uttar Predesh, it would difficult to secure their presence during trial.
Considering the nature of allegations against the petitioners, period of their detention in judicial custody and they have been granted bail in Sonepur P.S. Case No. 185 of 2023 and the investigation in this case has been completed, I am inclined to allow the prayer for bail.
Let the petitioners- Ankur Dibakar, Mohit Kumar and Abhadesh Kumar Yadav be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter after verification that they have only one criminal antecedent, including the following conditions:
(i) They will not indulge in any criminal activity while on bail.
(ii) They will not threaten or try to influence prosecution witnesses while on bail.
(iii) They will furnish their mobile number, copy of his Aadhaar Card and permanent address in Utter Pradesh to the Court, and which shall be verified by the I.O./I.I.C. of Baunsuni Police Station before they are released on bail.
(iv) The petitioner no. 1 Ankur Dibakar and petitioner no.2 Mohit Kumar will report before the Fateganj Police Station, District-Bareli, Utter Pradesh and petitioner no.3 Abhadesh Kumar Yadav will report before the Bitiri Police Station, Chainpur, District-Bareli, Utter Pradesh once a month preferably on a Sunday between 3.00 p.m. to 5.00 p.m., till conclusion of trial.
(v) They will remain present on each date fixed for trial subject to any order passed by the learned trial Court under Section 317 Crl.P.C.
(vi) They shall not leave District- Boudh without prior permission of the learned trial Court, after the trial starts.
Violation of any condition will entail in cancellation of bail.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
A copy of this order be supplied to Mr. D.K. Mishra, learned Addl. Government Advocate for onward transmission to the SHO, Fateganj Police Station, District-Bareli, Utter Pradesh Police Station and Bitiri Police Station, Chainpur, District- Bareli, Utter Pradesh..
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