High CourtsSingle Bench(2024) 05 OHC CK 0171

Chitrasen Magar @ Mantu vs State Of Odisha

Orissa High Court · Decided on 15 May 2024

HON’BLE JUDGES
Sashikanta Mishra, J
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 14381 Of 2023

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Judgment

11 paragraphs · 337 words

Sashikanta Mishra, J

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

The petitioner is in custody since 22.07.2023 in connection with Sadar P.S. Case No.126 of 2023 corresponding to G.R. Case No.500 of 2023 pending in the Court of learned S.D.J.M., Sundargarh for the alleged commission of offence under Sections 457/380/427/411/201/34 of IPC.

4.

It is alleged that several equipments and articles belonging to a School were stolen by unknown culprits, such as smart T.V., web camera, mouth piece and main cable of TV etc. by breaking open the lock. In so far as the petitioner is concerned, it is submitted that he has been implicated on the statement of one Sanjay Keshri, who is also a co-accused. There is also no other evidence showing his complicity in the case.

5.

Learned State Counsel also fairly submits that save and except the statement of the co-accused, there is no other evidence against him. However, several stolen articles were recovered from the possession of the petitioner. Considering the submissions as above, the materials on record, the fact that charge sheet has already been submitted and taking note of the period of detention of the petitioner in custody, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the following conditions:

(i) He shall appear before the Sadar Police Station, Sundargarh on every alternate day for a period of six months and such fact shall be certified by the IIC to the concerned Court once in a month.

(ii) He shall personally appear before the Court in seisin over the matter on each date of posting of the case and no representation through counsel shall be allowed under any circumstances.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

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