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Judgment
A.K. Mohapatra, J
This matter is taken up through Hybrid mode.
Heard learned counsel appearing for the Petitioner and Mr. P.S. Nayak, learned Counsel appearing for the Railway. Perused the materials placed before this Court.
The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail relating to RPF Post, Khurdha Road P.S. Case No.08 of 2024, corresponding to 2(c)CC Case No.1 of 2024, pending before the learned J.M.F.C.-I, Bhubaneswar, for alleged commission of offence punishable under Sections 3(a) & 4 RP(UP) Act.
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 19. 06.2024. He further contended that the Petitioner is working in the Railway as Junior Engineer. He further contended that he has been falsely implicated in the present case. Learned counsel for the Petitioner further contended that the Petitioner does not have any criminal antecedent. It was also contended that since the Petitioner belongs to locality, there was no chance of absconding. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition which the Petitioner undertakes to abide by while on bail.
Learned counsel for the Railway on the other hand contended that the allegations made in the P.R. are serious in nature. Learned counsel for the Railway further contended that the Petitioner being a Railway Officer and the custodian of the property involved in the crime. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.
Considering the submissions made by the learned counsels appearing for the respective parties and on a careful consideration of the surrounding facts and circumstances as well as materials on record, and the period of custodial detention, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.
It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper. 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 similar criminal antecedent. In the event it is found that the Petitioner is having any similar criminal antecedent, this bail order shall automatically stand revoked.
The BLAPL is, accordingly, disposed of.
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