AI Structured Summary
Not yet generated for this judgment
Judgment
R.K. Pattanaik, J
1.Heard learned counsel for the respective parties.
Instant petition under Section 439 of Cr.P.C. is filed for release of the petitioner on bail in connection with C.T. Case No. 1438 of 2023 corresponding to Khandagiri P.S. Case No. 459 of 2023 pending in the file of learned J.M.F.C.-V, Bhubaneswar on the grounds sated therein.
Perused the contents of F.I.R. i.e. Annexure-1 and gone through the rejection order as at Annexure-2.
In course of hearing, learned counsel for the petitioner submits that the petitioner is a businessman and he has been implicated in the case and is in judicial custody from 26th October, 2023 and in the meantime, chargesheet is filed and that apart, one of the accused persons is on bail by the Court’s order dated 29th January, 2024 in BLAPL No. 13713 of 2023, hence, therefore, parity should be extended.
One more bail order in BLAPL No.13792 of 2023 as at Flag-A is perused.
Mr. Patra, learned ASC for the State objects to release of the petitioner on bail on the ground that the petitioner has an amount of Rs.10 Lac in an account maintained by him, which was credited on 25th October, 2023, which is just a day before his arrest, which appears to be a part of the crime proceed.
Considering the materials on record, allegations as made to reveal from Annexure-1 and the fact that the petitioner happens to be a businessman, nevertheless, an amount of Rs.10 Lac was credited to his account soon before his arrest, as informed to the Court by Mr. Patra, learned ASC for the State, but since in the meantime, chargesheet is filed and there has been no other criminal antecedent except the above besides one registered under Section 302 IPC, the Court is of the view that he should be allowed to go on bail.
Accordingly, it is ordered.
In the result, the petition under Section 439 Cr.P.C. stands allowed. Consequently, the petitioner is directed to be released on bail in connection with C.T. Case No. 1438 of 2023 corresponding to Khandagiri P.S. Case No. 459 of 2023 pending in the file of learned J.M.F.C.-V, Bhubaneswar subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned J.M.F.C.-V, Bhubaneswar, who shall have the liberty to impose such other suitable and stringent conditions as deemed just and proper in the facts and circumstances of the case.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted as per rules.
...…………………………