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Judgment
A.K. Mohapatra, J
This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State.
This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Gopalpur P.S. Case No.78 of 2024 corresponding to C.T.No.259 of 2024 pending in the Court of the learned J.M.F.C.(R), Balasore for alleged commission of offence under Section 341, 294, 323, 326, 307 & 34 of I.P.C.
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 12.04.2024. Further referring to the allegation made in the F.I.R., learned counsel for the petitioner submitted that both the petitioner as well as the informant are daily labourers. He further submitted that since a dispute arose with regard to the daily wages, the petitioner out of sudden rage assaulted the informant without any thought. He further contended that the injured has been discharged from the hospital and has himself lodged the F.I.R. He further contended that the petitioner does not have any similar criminal antecedent. He further submitted that the petitioner belongs to the locality therefore there is no chance of absconding. In such view of the matter, learned counsel for the Petitioner submitted that 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 Government Advocate on the other hand opposed the bail application of the Petitioner on the ground that in the event the Petitioner is released on bail, there is a possibility that he might indulge in similar criminal offences. Accordingly, it was prayed that the bail application of the 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 taking into consideration the period of detention, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with one local solvent surety for the like amount to the satisfaction of the learned court in seisin over the matter.
Violation of any of the terms and conditions shall entail cancellation of bail.
It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner is having any criminal antecedent of similar nature. In the event it is found that the Petitioner is having any similar criminal antecedent, this bail order shall automatically stand revoked.
BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
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