High CourtsSingle Bench(2023) 05 OHC CK 0299

Debaraj Behera @ Raj vs State Of Odisha

Orissa High Court · Decided on 23 May 2023

HON’BLE JUDGES
Chittaranjan Dash, J
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 5546 Of 2023

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Judgment

6 paragraphs · 185 words

Chittaranjan Dash, J

1.

Heard learned counsel for the Petitioner and the State.

2.

This is an application for bail U/s.439 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s. 394 of IPC in connection with G.R Case No.296 of 2023 arising corresponding to Gosaninuagaon P.S Case No. 35 of 2023 pending in the court of learned S.D.J.M., Berhampur, Dist-Ganjam.

3.

Perusal of the FIR reveals that on 07.02.2023 while the Informant was going to market at Reliance Mart Point, Gosaninuagaon, some unknown culprit committed theft of his mobile phone.

4.

The present Petitioner is not only having criminal antecedent but also has been identified during the T.I Parade. Hence, release of the present Petitioner at this stage would be abortive to the prosecution case and with his background his presence may not be secured for the trial. In that view of the matter, this Court is not inclined to admit the Petitioner to bail at this stage. However, he may renew his application after examination of the material witnesses. The BLAPL is disposed of accordingly.

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