A.K. Mohapatra, J
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioners as well as learned Additional Standing Counsel for the State.
3. This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioners for bail in connection with Gunupur Range Case No.2 (b) C.C Case No. 02 of 2024 corresponding to R.O.R case No.22 of 2024-25 dated 10.05.2024 pending in the Court of the learned S.D.J.M Gunupur for alleged commission of offence under Section 51 of Wild Life protection Act.
4. Learned counsel for the Petitioners submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioners that the Petitioners are in custody since 11.05.2024. He further contended that the petitioners do not have any similar criminal antecedent. He further contended that the petitioners belong to the locality, therefore, there is no chance of their absconding. In such view of the matter, learned counsel for the Petitioners submitted that the Petitioners be released on bail on such 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 in the event the Petitioners are released on bail, there is a possibility that they might indulge in similar criminal offences. Accordingly, it was prayed 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, further taking into consideration the period of detention, this Court is inclined to release the Petitioners on bail on furnishing a bail bond of Rs.10,000/- (Rupees Ten thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.
Violation of any of the terms and conditions shall entail cancellation of bail.
7. It is further directed that the bail granted to the Petitioners is subject to the condition that the court below shall verify whether the Petitioners are having any criminal antecedent of similar nature. In the event it is found that the Petitioners are having any similar criminal antecedent, this bail order shall automatically stand revoked.
8. BLAPL is accordingly disposed of.
9. Issue urgent certified copy as per Rules.
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