Sashikanta Mishra, J
1. This matter is taken up through hybrid mode.
2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.
3. The petitioner is in custody since 4th May, 2023 in connection with Marsaghai P.S. Case No.248/2023 corresponding to G.R. Case No.1437/2023 pending in the court of learned S.D.J.M., Kendrapara for the alleged commission of the offence under Sections 341/323/294/379/342/509/34 of I.P.C.
4. It is alleged that the Petitioner along with some other persons assaulted the informant and his friends while they had gone to the Petitioner’s village and snatched away the mobile phone and some gold ornaments because of some previous enmity. It is submitted that the allegations are baseless and in any case as exaggerated.
5. Learned Addl. Standing Counsel for the State submitted that the Petitioner is a habitual offender and is having criminal antecedents.
6. Considering the rival submissions, the materials on record and the fact that investigation appears to have progressed as stated at the bar, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall appear before the court below on each date of posting of the case and in case of even a single default, necessary orders shall be passed by the court to take him to custody again. Further, he shall appear before the I.I.C. of Marsaghai P.S. on every Sunday at 10.00 A.M. till conclusion of trial and such fact shall be certified by the I.I.C. to the Court once in a month.
7. The BLAPL is disposed of.
8. Urgent certified copy of this order be granted on proper application.
……………………………
