AI Structured Summary
Not yet generated for this judgment
Judgment
V. Narasingh, J
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is an accused in connection with G.R. Case No.2205 of 2022, pending in the file of learned S.D.J.M., Talcher, arising out of Talcher P.S. Case No.697 of 2022 for alleged commission of offences under Sections 457/395/412 of IPC.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Talcher by order dated 29.03.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that though petitioner is innocent because of his criminal proclivity, he has been remanded in this case on 19.09.2022 and admittedly T.I. Parade has not been conducted and as final form has already been submitted on 16.03.2023, petitioner may be released on bail.
Learned counsel for the State opposes the prayer for bail in view of the criminal antecedent of the petitioner.
Taking into account the nature of implication in the case at hand and submission of final form, as noted, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
Keeping in view the criminal proclivity of the petitioner, additionally, it is directed that petitioner shall appear before the jurisdictional police station twice every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.
Additionally, it is directed that the petitioner shall not in any way try to intimidate the victim and/or her family.
It shall be open to the prosecution to seek variance of this order, in the event there is any threat perception.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rules.
……………………………..