Ashok Mandal vs State Of Odisha

A.K. Mohapatra, J

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

Heard learned counsel for the petitioner and learned counsel for the State. Perused the F.I.R., case diary and other relevant documents on record.

This is an application under Section 439 of the Criminal Procedure Code.

The petitioner is an accused in G.R. Case No.2713 of 2022 arising out of Puri GRPS Case No.128 of 2022 pending in the court of learned S.D.J.M., Puri for commission of offence punishable under Sections 328/380/34, I.P.C.

It is alleged that on 17.12.2022 while the informant was sitting inside a coach in Puri-Gunpur Express train and travelling from Puri to Khalikot one unknown person met with him and developed intimacy with him and offered tea. It is further alleged that after consuming the tea, he became unconscious and slept on the seat. Thereafter, the said unknown person and others committed theft of cash of Rs.15,000/- and other articles from the informant and fled away.

It is submitted by learned counsel for the petitioner that the petitioner is in custody since 21.12.2022 and investigation in the case has already been concluded and charge-sheet has been submitted. He further submits that the T.I. Parade was not conducted in the present case. However, stolen articles were recovered from the possession of the present petitioners when they are apprehended by the police.

Leaned Additional Standing Counsel for the State vehemently, opposes the prayer for bail of the petitioners and submits that the petitioner is the man of Jharkhand and also he is habitual offenders having several criminal antecedents. Therefore, there is possibility in the event he released on bail and he might not cooperate in the trial. Accordingly, bail application of the petitioner should be rejected at this juncture.

Considering the submissions made by learned counsels for the respective parties, gravity of offence as alleged in the F.I.R. and period of detention of the petitioner, it is directed that let the petitioner be released on bail on furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) each with one solvent surety for the like amount to the satisfaction of the learned court in seisin over the matter. While releasing the petitioner on bail, the court in seisin over the matter to impose any other conditions as would be deemed just and proper one of the conditions that :-

I. The petitioner shall appear before the concerned Police Station once in a fortnight preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M. for a period of three months and thereafter he shall appear once in a month till conclusion of trial.

II. he shall not leave the jurisdiction without prior permission of the court.

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

The Bail Application is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

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