Karna Naik vs State Of Odisha

R.K. Pattanaik, J

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

This is an application under Section 439 of Cr.P.C for grant of bail to the petitioner in connection with Jarpada P.S. Case No.166 of 2019 corresponding to G.R. Case No.1406 of 2019 pending in the court of learned J.M.F.C., Chhendipada.

Perused the FIR and other documents.

As per the allegation of FIR, the incident took place on 12. 07.2019 at about 4.30 AM and at that time, the vehicle of the informant had been parked on the side of NH-55 and then, suddenly some unknown persons arrived in a motor cycle and surrounded and abused him in filthy language and on the point of knife, snatched away cash of Rs.1700/- from his pocket and also threatened him with dire consequences.

Learned counsel for the petitioner submits that in the meantime charge sheet is filed and as such, there has been no recovery made from the possession of the accused and that another accused, namely, Dipu Naik has been granted bail by this Court in BLAPL No.5814 of 2021 and since the present accused is on similar footing, he should be released on bail.

Learned counsel for the State submitted that a cash of Rs.1700/- was snatched away from the complainant. It is also contended that the alleged scooty involved in the alleged occurrence has been seized by the local police. It is contended that the petitioner is involved in some other cases

Keeping in view the above facts and the fact that petitioner is in custody since 27.4.2021 and another accused, namely, Dipu Naikas is on bail and fact that the FIR was lodged disclosing the involvement of unknown persons, the Court is of the considered view that applying parity, he should be released on bail with conditions.

In the result, it is directed that the petitioner be released on bail on furnishing a bail bond of Rs.50,000/-(Rupees fifty thousand) with two solvent sureties for the like amount to the satisfaction of the court in seisin over of the matter with a condition that he shall attend the P.S. once a week for a period of six months preferably every Sunday in between 10 AM to 1 PM.

The BLAPL is disposed of.

Urgent certified copy of this order be granted as per rules.

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