Rohita Das Vs State of Odisha

BLAPL No.10943 of 2019

21.01.2020

This application under Section 439 Cr.P.C. has been made on 17.12.2019 by the petitioner, namely Rohita Das, for grant of bail in Bidanasi P.S. Case No.39 of 2019, corresponding to G.R. Case No.729 of 2019 pending in the court of learned S.D.J.M.(S), Cuttack for commission of offence U/ss.394/120(B) of IPC r/w. Sec

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9-B of the I.E. Act.

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Heard learned counsel for the petitioner and the learned Additional Standing Counsel.

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Learned counsel for the petitioner submits that the informant is the Patrol Pump owner and he was working under him and out of non-payment of wages this case was foisted not only against him but also against his family members. He also submits that there is no criminal antecedent against the petitioner who surrendered in the court voluntarily.

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Learned Additional Government Advocate objects the bail stating that he has no instruction with regard to criminal antecedent of the petitioner.

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Learned counsel for the petitioner files certified copy of order dated 9.1.2020 in BLAPL No.10586 of 2019 in which co-accused – Subei @ Subash Moharana has already been released on bail by this Court. The accused is languishing in jail custody since 2.12.2019.

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Having regards to the nature of offence, period of detention as well as above attenuating circumstances, I am inclined to grant bail to the present petitioner.

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Hence, it is ordered that the petitioner - Rohita Das be released on bail on furnishing bail bond of Rs.25,000/(Rupees twenty-five thousand) with one surety for the like

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2

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amount to the satisfaction of the learned S.D.J.M.(S), Cuttack in the above noted case, subject to such terms and conditions as deemed just and proper.

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The BLAPL is accordingly disposed of.

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pks

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Urgent certified copy of this order be granted as per rules.

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………………………... Dr. A. K. Mishra, J.

Rohita Das v. State of Odisha

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Rohita Das v. State of Odisha

Case brief

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