A.K. Mohapatra, J
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State. Perused the materials placed before this Court.
3. This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Patnagarh P.S.Case No.14 of 2024 corresponding to G.R.Case No.58 of 2024 pending in the Court of the learned S.D.J.M., Patnagarh for alleged commission of offence under Sections 379 of the Indian Penal Code.
4. It is submitted by the learned counsel for the Petitioner that the Petitioner has been taken on remand in the present case and is in custody since 05.04.2024. It is also contended by the learned counsel for the Petitioner that in the meantime the investigation has been progressed substantially and Charge Sheet is likely to be filed very soon. It is also submitted by the learned counsel for the Petitioner that the F.I.R. lodged against unknown persons and the Petitioner, who was in custody has been taken on remand. He also contended that the Petitioner has been falsely implicated in the present case. Although the Petitioner has three criminal antecedents, the Petitioner is ready and willing to abide by the conditions that would be imposed in the event of his release on bail.
5. Learned Additional Government Advocate for the State on the other hand objected to the release of the Petitioner on bail on the ground that the Petitioner is having several criminal antecedent. In the event the Petitioner is released on bail, there is every chance that he may indulge in similar nature of offence. He also submitted that the investigation is still on. On such ground, learned counsel for the State submitted that the application for bail of the Petitioner deserves no consideration.
6. Considering the submissions made by the learned counsels for the respective parties, on careful examination of the materials on record as well as the period of custodial detention of the Petitioner and taking into consideration the fact that the F.I.R. was lodged against unknown persons, this Court is inclined to grant bail to the Petitioner and it is directed that let the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/-(Rupees Thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. Release of the Petitioner shall also subject to such conditions as would be fixed by the learned court in seisin over the matter.
7. Further, the release of the Petitioner shall also be subject to the verification of similar nature of criminal antecedent of the Petitioner by the learned Court below. In the event, it is found that the Petitioner has more than three criminal antecedent of similar nature then the bail order shall not be given effect to.
8. In addition to the above, the Petitioner shall furnish a cash security of Rs.5,000/- (Rupees Five thousand) before the Court in seisin over the matter which shall be kept in interest bearing fixed deposit account in the name of the court in any nationalized bank and renewed from time to time till disposal of the case. The said deposit shall be subject to the outcome of the trial.
9. The BLAPL is, accordingly, disposed of.
Issue urgent certified copy of this order as per Rules..
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