A.K. Mohapatra, J
1.This matter is taken up through hybrid mode.
2. Ms. Aditi Hota, learned counsel enters appearance on behalf of the Petitioner by filing a vakalatnama in Court today and the same be kept on record. Office is directed to reflect the name of Ms. Aditi Hota, learned counsel for the Petitioner in the brief as well as in the cause list.
3. Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.
4. The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail relating to Balanga P.S. Case No.253 of 2023, corresponding to G.R. Case No.1263 of 2023 pending before the learned J.M.F.C., Nimapara for alleged commission of offence punishable under Sections 399 & 402 of the IPC, Section 25 of the Arms Act read with Sections 4 & 5 of the Explosive Substance Act.
5. Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 05.12.2023. Learned counsel for the Petitioner submitted that the investigation has been completed and the final charge-sheet has been filed. Learned counsel for the Petitioner also contended that most of the co-accused persons released on bail by the trial Court, but the bail application of the present Petitioner was rejected on the ground that the Petitioner is having criminal antecedent. Further it was contended that the Petitioner is having six criminal antecedents. It was also contended that since the charge-sheet has been filed, there is no further custodial interrogation required and there is no required for early conclusion of the trial. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition which the Petitioner undertakes to abide by while on bail.
6. Learned counsel for the State on the other hand contended that the allegations made in the FIR are serious in nature. He further contended that the Petitioner has several criminal antecedents. Learned counsel for the State opposed the release of the Petitioner in view of the nature and seriousness of allegation made against the Petitioner. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.
7. Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts and circumstances as well as materials on record, and the seriousness and gravity of the allegation, and the period of custodial detention of the Petitioner, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.35,000/- (Rupees Thirty Five 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 be subject to following conditions:-
i) he shall not be involved in any offence of similar nature while on bail;
ii) he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever,
iii) he shall not make any default in attending the court during trial on each date without fail.
iv) he shall appear before the concerned Police Station once in a fortnight for three months, thereafter once in a month till conclusion of the trial preferably on 'Sunday’ in between 10.00 A.M to 1.00 PM.
Violation of any of the terms and conditions shall entail cancellation of bail.
8. The BLAPL is, accordingly, disposed of.
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