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Judgment
V. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in C.T. Case No.46 of 2023 pending on the file of learned S.D.J.M., Phulbani, arising out of Phulbani Town P.S. Case No.19 of 2023 for commission of the offence under Sections 489(B)/489(C) IPC.
Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Sessions Judge, Phulbani I/c, by order dated 07.06.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 24.01.2023 on the allegation of possessing counterfeit notes to the tune of Rs.1600/-.
It is further submitted that since the Petitioner does not have any criminal antecedent and the charge sheet has already been filed on 22.5.2023, which is taken on record, his further continuance in custody is not warranted.
Learned counsel for the State opposes the prayer for bail and submits that prima facie the complicity of the Petitioner is well established and keeping in view the punishment prescribed, the Petitioner is not entitled to be released on bail.
Taking into account that the Petitioner does not have any antecedent of similar nature and that the Petitioner was acquitted by the learned Ad hoc Additional District Judge, FTSC, Kandhamal, Phulbani in S.T. No.24 of 2020 arising out of Phulbani Town P.S. Case No.13 of 2020 corresponding to C.T. No.23 of 2020 under Section 376(2)(n)/417/313/323 IPC, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.
Before releasing, learned Court in seisin is called upon to verify as to whether the Petitioner has any other antecedent. If it comes to fore that the Petitioner has any other antecedent, this order shall stand recalled.
Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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