High CourtsSingle Bench(2023) 05 OHC CK 0300

Halima @ Halima Khatoon & Others 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. 5554 Of 2023

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Judgment

8 paragraphs · 342 words

Chittaranjan Dash, J

1.

Heard learned counsel for the Petitioners and the State.

2.

This is an application for bail U/s.439 Cr.P.C. filed by the Petitioners in apprehension of arrest for their alleged involvement in the offences U/s. 457/380/120-B of IPC in connection with C.T Case No. 400 of 2023 arising out of Belpahar P.S Case No. 95 of 2023 pending in the court of learned J.M.F.C-1 (Cog Taking)., Jharsuguda.

3.

Perusal of the FIR reveals that on 26.04.2023, the Informant had been to the house of his relative at Mangal Bazar, Jharsuguda and while he was returning to his house at about 12.00 midnight, he found that the lock of the main door of his house was broken and thereafter he entered inside the house by opening the main door and noticed that two persons are moving inside his house. On seeing him, the said two persons fled away from the house by jumping the boundary wall of the house. The Informant along with others chased them but could not apprehend them.

4.

Considering the submission of the learned counsel for the Petitioners, nature of allegations, the circumstances appearing, the seriousness and gravity of the offences, while this Court is not inclined to grant bail, it is directed that in the event the Petitioners surrender and move for bail in connection Belpahar P.S Case No. 95 of 2023 corresponding to C.T. Case No. 400 of 2023 pending in the court of learned J.M.F.C-1 (Cog. Taking)., Jharsuguda within a period of three weeks hence, they shall be admitted to bail on such terms and conditions as would be deemed just and proper by the said court, but subject to cash deposit of Rs. 1,000/-(Rupees One Thousand) each only in the manner to be directed by the court to its satisfaction.

5.

Keeping in view the facts and circumstances the Petitioners be released on bail and upon imposition of the conditions as would deem just and proper by the court in seisin over the matter.

6.

The BLAPL is disposed of accordingly.

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