A.K. Mohapatra, J
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel appearing for the Petitioners and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.
3. The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioners for regular bail in connection with G.R. Case No.430 of 2023, arising out of Kabisuryanagar P.S Case No.439 of 2023, pending in the Court of learned J.M.F.C., Kabisuryanagar for alleged commission of offence punishable under Sections 294, 506, 34 of IPC read with Section 25 (1-B0 (b) 25 (6) of Arms Act and Section 3 and 4 of Explosive Substances Act.
4. It is submitted by the learned counsel for the Petitioners that the Petitioners are in custody since 06.08.2023. He further contended that while the Petitioners were in custody, they have been taken on remand in the present case. He further contended that in the meantime the investigation has been concluded and charge sheet has been filed. He further submitted that although the Petitioners are having several criminal antecedent, they are ready and willing shall abide by any terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.
5. Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioners on the ground that the Petitioners are having several criminal antecedents. Further, in the event the Petitioners are released on bail, they might indulge in similar type of offences as the Petitioners are habitual offender. Therefore, on such ground, learned counsel for the State submitted that the bail application of the Petitioners be rejected at this juncture.
6. Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, this Court is inclined to release the Petitioners on bail subject to imposition of stringent conditions.
7. Hence, it is directed that the Petitioners be released on bail in the aforesaid case on furnishing a bail bond of Rs.40,000/- (Rupees Forty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter with further conditions that:-
I.The petitioners shall not indulge in similar type of offences while on bail;
II. shall not harass, threaten, terrorize the prosecution witness while on bail;
III. shall not default in attendance of the court during trial on each date of posting; and
IV. shall appear before the jurisdictional Police Station once in a week for a period of eight weeks preferably on ‘Sunday’ in between 10.00 A.M. to 1 P.M., thereafter once in a fortnight for a period of two months, thereafter, once in a month till conclusion of the trial.
Violation of any of the terms and conditions shall entail cancellation of the bail.
8. 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 condition shall cancellation of the bail application.
9. The BLAPL is, accordingly, disposed of..
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