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Judgment
R.K. Pattanaik, J
1.Heard learned counsels for respective parties.
Instant petition under Section 439 of Cr.P.C. is filed for release of the petitioner on bail in connection with C.T. Case No.1173 of 2023 pending in the file of learned J.M.F.C(Cog.V), Bhubaneswar corresponding to Dhauli P.S. Case No.170 of 2023 on the grounds sated therein.
Referring to Annexure-3, learned counsel for petitioner submits that the co-accused, namely, Somu @ Soumya Ranjan Sahoo is on bail by the Court’s order BLAPL No.14036 of 2023 and since the petitioner is on similar footing, he should as well be released extending priority.
Gone through the contents of the FIR as at Anenxure-1 and considered the objection of Mr. Behera learned ASC for the State.
Since The co-accused is on bail and the allegation as it appears similar against the petitioner as all of them allegedly snatched away a gold chain and other valuables from the victim informant and recording the submission of the learned counsel for the petitioner that in the meantime, chargesheet is filed with the closure of investigation, the Court is of the view that further detention of the accused is unnecessary and hence, he should be enlarged on bail subject to conditions which are as follows.
Hence, it is ordered.
In the result, the petition under Section 439 Cr.P.C. stands allowed with a direction for release of the petitioner on bail in connection with C.T. Case No.1173 of 2023 arising out of Dhauli P.S. Case No.170 of 2023 on him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties for the like amount each to the satisfaction of the learned J.M.F.C(Cog.V), Bhubaneswar, who shall impose such other conditions as found to be necessary besides the following, such as, he shall submit an undertaking before the local P.S not to involve himself in any such similar criminal activities while on bail and shall report the local P.S for nearly three months preferably on Sunday between 10 A.M and 1 P.M. without fail.
Urgent copy of the order be issued as per rules.
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