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Judgment
R.K. Pattanaik, J
1.Heard learned counsel for the petitioner and State.
Instant petition under Section 439 Cr.P.C. is filed for release of the petitioner on bail in connection with G.R. Case No.1442 of 2022 pending in the file of learned J.M.F.C.(O), Bhubaneswar corresponding to Special Crime Unit P.S. P.S. Case No.03 of 2023 on the grounds stated therein.
In course of hearing, Mr. Mulia, learned counsel for the petitioner submits that the petitioner to be the scribe of the sale deed in question and therefore, has been implicated in the present case and considering the length of custody, he should be allowed to go on bail.
Mr. Patra, learned ASC for the State objects to the release of the petitioner on the ground that he has criminal antecedent and while claiming so, he produced the list of cases. An affidavit is also filed from the side of the petitioner regarding the number of cases pending to his credit. As there is no material brought to the notice of the Court regarding any payment received by the petitioner and since two other accused persons have been granted bail by this Court one in BLAPL Nos.13770 of 2023 and BLAPL No.11573 of 2023, the Court is of the considered view that further detention in view of the completion investigation to be unnecessary and therefore, he should be allowed to go on bail on similar terms and conditions as imposed on accused, namely, Bikash Chandra Panda.
Hence, 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 G.R. Case No.1442 of 2022 arising out of Special Crime Unit P.S. P.S. Case No.03 of 2023 subject to him furnishing a 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.(O), Bhubaneswar, who shall be at liberty to impose such other conditions as deemed just and proper in the facts and circumstances of the case with an additional condition, such as, he shall not tamper with the evidence in any manner whatsoever, while on bail.
The BLAPL is disposed of.
Urgent certified copy of this order be granted as per rules.
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