Heard the learned counsel for the petitioner and the learned counsel for the State.
The petitioner being in custody in C.T. No.2204 of 2016 corresponding to Nayapalli P.S.
Case No.141 of 2016, pending in the court of the learned S.D.J.M., Bhubaneswar, has filed thi
s petition for his release on bail. The offences alleged against him are punishable under Sect
ions 386/294/506/34 of I.P.C.
It appears that the petitioner accompanied one Madhab Nayak and one Sudam Nayak and ext
ended threat to the husband of the informant, so also at the point of Bhujali they snatched aw
ay Rs.10,000/- and left the spot extending threat to kidnap the daughter of the informant and
kill her husband and son. Investigation in this case has substantially progressed, as submitte
d by the learned counsel for the State. Nothing is there on record indicating the fact that th
e petitioner has any criminal antecedent. The petitioner is in custody since 19.06.2016. No ma
terial has been placed before this Court indicating the fact that the petitioner shall abscond
or tamper with the prosecution evidence, if released on bail.
Therefore, regard being had to the facts and submissions made, especially the nature of
accusation, character of supportive materials appearing against the petitioner in support of
the charge, circumstances in which the offences alleged to have been committed and role allege
dly played by the petitioner, factum of substantial progress in the investigation and hardly a
ny material being there to suggest that the petitioner is likely to abscond or tamper with the
prosecution evidence, if enlarged on bail, I am of the view that the petitioner in this case
deserves to be released on bail.
Hence, the petitioner be released on bail in the aforesaid case by the Court in seisin
over the matter on such terms and conditions as it would deem just and proper.
Accordingly, the BLAPL stands disposed of being allowed.
Urgent certified copy of this order be granted on proper application.
