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Judgment
Savitri Ratho, J
This is the second application of the petitioners under Section 439 of the Cr.P.C. in this Court for grant of bail, in connection with Jeypore Town P.S. Case No. 267 of 2023 corresponding to G.R. Case No. 970 of 2023 of the Court of the learned S.D.J.M., Jeypore where charge sheet has been filed against the petitioners and co-accused Subash Harijan under Sections 392, 413 and 34 of the I.P.C. The matter is now pending before the learned C.J.M. -cum-Assistant Sessions Judge, Jeypore in C.T. No. 21 of 2024 where charge has been framed against the present petitioners on 23. 03.2024.
The earlier application BLAPL No. 11289 of 2023 filed by the petitioners had been dismissed by me on 30.11.2023 granting liberty to the petitioners to move the learned Court below for bail.
Thereafter, the petitioners have moved the learned Court below for bail again and the prayer has been rejected by the learned Sessions Judge, Koraput at Jeypore on 02.02.2024 in BLAPL No. 17 of 2024. It has been indicated in the rejection order that in the T.I. parade conducted in the presence of the J.M.F.C, Jeypore, the informant could identify Abhi Harijan but could not identify Narendra Macha and Hemanta Nag.
The prosecution allegation in brief is that on 29.08.2023 at about 7.00 P.M. when the informant was walking on the road in P.R. Peta, three persons came on a motor cycle, pushed her and snatched a gold chain weighing about 4 tolas which the value of Rs.1,00,000/-and all of them left the spot. The petitioner no.1-Narendra Machha was arrested during investigation and confessed in Police custody that he and other two petitioners had planned to commit the robbery in order to meet the financial need of petitioner no.2-Hemanta Nag who had lost Rs.2,50,000/- in betting. They first stole a motorcycle and using that motorcycle they snatched a gold chain from a woman on 20.08.2023 in Koraput. On 23.08.2023, they snatched two gold chains from the neck of a woman in Nabarangpur. They sold the three chain for Rs.1,50,000/- to co-accused Subash Harijan and shared the money. On 29.08.2023, petitioner no.3 Abhi Harijan had snatched a gold chain from the informant Narendra Machha led to recovery of the gold chain in his house.
Mr. Arijeet Mishra, learned counsel for the petitioners submits that the petitioners are young men in their early twenties. They are in custody since 30.08.2023 and are being exposed to hardened criminals in jail. Their antecedents are recent and FIR in this case has registered against unknown persons and they have been arrested on the basis of confession of co-accused Subash Harijan and confession of petitioner no.1 Narendra Macha before the police. He further submits that only petitioner no.3 Abhi Harijan has been identified in the T.I. parade. He also submits that though the petitioners have only two criminal antecedents namely (i) Nabarangpur P.S. Case No. 358 of 2023 under Section 392/34 of IPC and (ii) Koraput Town P.S. Case No. 233 of 2023 under Section 392, 34 of IPC, it has been stated in the case diary that the petitioners are also involved in Kundra P.S. Case No. 89 of 2023 under Sections 457, 380 of IPC. Referring to the certified copy of the order dated 13.09.2023 and 03.10.2023, he submits that the prayer of the I.O. for their remand has been rejected by the learned S.D.J.M., Jeypore on two occasions.
Mr. P. Tripathy, learned Addl. Standing Counsel for the State opposes the prayer for bail and states that the T.I. parade report has not been received from the I.O. He further submits that the petitioners are involved two other cases of similar in nature for which they should not be released on bail as they are likely to commit similar offence. As one accused had snatched the gold chain from the informant, she could identify only one person.
Considering the nature of allegations against the petitioners no.1 and 2, their age and the nature of materials collected against them and as their two antecedents are of the year 2023, I am of the opinion that they should be given a chance to reform. I am therefore inclined to allow the prayer for bail of petitioner no.1 Narendra Macha and petitioner No.2 Hemanta Nag. The prayer for bail of petitioner no.2 Abhi Harijan is rejected as he has been identified in the T.I. parade.
The petitioner no.1 Narendra Macha and petitioner No.2 Hemanta Nag shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, including the following conditions, subject to the verification that they do not have any other antecedent than those mentioned in paragraph 5 of this order and they have not been identified in the T.I. parade:
(i) They will not commit any offence while on bail.
(ii) They will not try to influence or threaten the prosecution witnesses.
(iii) They will report before the I.I.C., Jeypore Town Police Station every Sunday between 10.00 a.m. to 11.00 a.m. till conclusion of the trial or for a period of six months, whichever is earlier.
(iv) They will remain present in the trial Court on each date it is fixed for trial.
Violation of any condition will entail in cancellation of bail/recall of this order.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
A copy of this order be supplied to Mr. P. Tripathy, learned Addl. Standing Counsel for the State for onward transmission to the I.I.C., Jeypore Town Police Station.
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