Savitri Ratho, J
1. This application under Section 439 of Cr.P.C. has been filed in connection with Angul P.S. Case No. 719 of 2023 corresponding to G.R. Case No. 1723 of 2023 pending in the court of the learned SDJM, Angul registered under Section 379 of IPC against unknown persons.
2. The prayer for bail of the petitioner has been rejected on 02.01.2024 by the learned Additional District & Sessions Judge-cum-Special Judge (Vigilance), Angul in Bail Application No. 743/2023 (118/2023).
3. The prosecution allegation in brief against the petitioner is that on 28.11.2023 at about 3.30 P.M., the informant had withdrawn Rs.4,50,000/- from HDFC Bank. He kept Rs.4,00,000/- in his motorcycle dicky and rest Rs.50,000/- in his pocket. He stopped near Hemsurpada, near a shop for having a soft drink. But when he returned to the motorcycle, he noticed that his dicky had been opened and somebody had stolen the cash. During investigation, the petitioner has been arrested on 13.12.2023 and cash of Rs.1,50,000/- has been recovered from him. That apart he has been identified by the informant in the T.I. Parade.
4. Mr. Umakanta Barik, learned counsel for the petitioner submits that the petitioner is aged about 24 years and has only one criminal antecedent which is of the year 2021. He further submits that the F.I.R. had been lodged against unknown persons. The informant had not stated in the F.I.R. that he has seen the accused persons and could identify them in the T.I. Parade, but the informant has allegedly identified the petitioner. As he had not stated in the F.I.R. that he had seen the accused person, the identification of the petitioner by the informant is of no value. He further submits that investigation has proceeded considerably and in view of the fact that the offence alleged against the petitioner is triable by the learned Judicial Magistrate First Class and the petitioner has only one antecedent which is of the year, 2021, his prayer for bail may be sympathetically considered.
5. Mr. S.S. Pradhan, learned Additional Government Advocate opposes the prayer for bail stating that only Rs.1,50,000/- of the stolen money has been recovered, the petitioner has one criminal antecedent and as he has been identified in the T.I. Parade, he should not be released on bail.
6. Considering submissions of the counsel, the nature of allegations against the petitioner, the punishment prescribed for the offence, he is accused of committing and as almost 2 months have elapsed since the date of his arrest and his sole antecedent is of the year 2021, I am inclined to allow the prayer for bail.
7. The petitioner- Dhiru Dash shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, after verifying that he has only one criminal antecedent of the year 2021 which is under Section 379 of IPC, including the following conditions :
(i) He will not commit any offence while on bail.
(ii) He will report before the IIC, Angul Police Station, once every Monday between 4.00 p.m. to 5.00 p.m., till completion of investigation and thereafter once in two weeks preferably on a Sunday for a period of 6 months.
(iii) He will remain present in the learned trial court on each date it is fixed for trial unless his appearance is dispensed with by the learned trial Court under Section 317 Cr.P.C. on any particular day.
8. Violation of any condition will entail in cancellation of bail/recall of this order.
9. The BLAPL is accordingly disposed of.
10. Urgent certified copy of this order be granted on proper application.
11. No observation in this order should influence the learned trial court in any manner during trial as they have been made for the purpose of consideration of the prayer for bail.
12. Copy of this order be supplied to Mr. S.S. Pradhan, learned Additional Government Advocate for onward transmission to the IIC, Angul Police Station.
………………………………
