Learned counsel for the petitioner submits that in the meantime charge-sheet has been
submitted against the present petitioner and another under the aforesaid sections. It is appar
ent from the records that there is no direct evidence against the petitioner. The only materia
l available on record is that the discovery of a mobile phone belonging to the petitioner at t
he spot. There is no other circumstantial evidence pointing towards the implication of the pet
itioner in the alleged commission of offence. It is further stated by the learned counsel for
the petitioner that the mobile phone was taken forcibly by the informant and his son in a disp
ute between the informant and the petitioner relating to certain properties.
Keeping in view the aforesaid consideration, facts of the case and the fact that the pe
titioner is a permanent resident of village-Anchala, P.S. Umerkote, Dist. Nabarangpur and ther
e is no chance of his absconding from justice, the application for anticipatory bail is allowe
d. He is directed to surrender before the learned J.M.F.C., Umerkote within 21 days in connect
ion with the aforesaid case and apply for bail. In such event, the learned Magistrate shall re
lease him on bail on such terms and conditions as deemed just and proper by him.
