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Judgment
A.K. Mohapatra, J
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.
The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with C.T. (Sessions) Case No.409 of 2023, arising out of Badachana P.S. Case No.108 of 2000, pending in the Court of learned Assistant Sessions Judge, Chandikhole for alleged commission of offence punishable under Sections 364, 307, 34 of I.P.C. read with Section 25 of Arms Act.
Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 03.04.2024. He further contended that the occurrence out of which the present F.I.R. has been lodged, had occurred on 19.07.2000. He further contends that although the Petitioner was earlier released and he was not appearing before the Court below a date fixed by learned Court below. As a result of which the NBW was issued against the present Petitioner and has taken into custody. In such view of the matter learned counsel for the Petitioner contended the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.
Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that the allegations made in the F.I.R. are very serious in nature. Further, submits that in the event the Petitioner is released on bail there is a possibility that he might not appear before the learned trial court and as a result of which the conclusion of the investigation would cause delay. Therefore, on such ground, the bail application of Petitioner be rejected at this juncture.
Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, further a fact that the occurrence of the year 2000 and the Petitioner was earlier released on bail, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.
Hence, it is directed that the Petitioner be released on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.
It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper.
Violation of any of the terms and conditions shall entail cancellation of bail.
The BLAPL is, accordingly, disposed of.
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