Deepak Choudhury @ Lucky vs State Of Odisha

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

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

The petitioner is in custody since 20.11.2023 in connection with Raighar P.S. Case No. 201 of 2023 corresponding to G.R. Case No. 306 of 2023 pending in the Court of the learned NGN-Cum-JMFC, Raighar, Nabarangpur for the alleged commission of offence under Sections 406/408/409 of IPC.

It is alleged that the petitioner while working as Supervisor under the informant committed theft of 33 numbers of motor pumps and 40 numbers of the motor starter. Subsequently, he returned 13 numbers of pumps and 4 numbers of motor starters and promised to return the rest, but he did not, for which the FIR was lodged against him.

Mr. Pattnaik, learned counsel for the petitioner submits that the petitioner is a young man without any criminal antecedents and chargesheet has already been submitted and therefore, his detention in custody is unnecessary.

Learned State counsel has opposed the prayer for bail by submitting that the very fact that the petitioner returned some of the stolen articles proves his involvement in the occurrence.

Having regard to the submissions as above and the fact that some of the stolen articles have already been recovered and chargesheet has been submitted, I am inclined to take a lenient view. Let the petitioner be released on bail in the aforesaid case on such terms and conditions as the Court below may deem fit and proper to impose, and subject to deposit of Rs. 30,000/- towards cash security. Such deposit shall be without prejudice to the rival claims.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

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