Single judge application under Section 439 Cr.P.C. for bail sought in a case involving offences under IPC Sections 365, 395 and Arms Act 25. Bail application allowed with specific conditions.
Bail application allowed; petitioners to be released on bail subject to specific conditions imposed by the court.
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BLAPL NO.5112 of 2020
This matter is taken up through Video Conferencing due to Lockdown in the wake of Pandemic COVID-19.
Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.
This is an application under Section 439, Cr.P.C. for grant of bail to the petitioners in connection with Jarpada P.S. Case No.19 of 2020 corresponding to G.R. Case No.160 of 2020 pending in the court of the learned S.D.J.M., Angul for the alleged commission of offence under Sections 365/395 of the I.P.C. read with Section 25 of the Arms Act.
Learned counsel for the petitioners submits that coaccused persons, Nilamani Sahu & Tapan @ Sushanta Kumar Rout have been released on bail by this Court in BLAPL Nos.4110 and 4181 of 2020 respectively.
Learned Additional Standing Counsel for the State has no serious objection to prayer of the petitioners for bail.
G/D
Considering the submissions made by the learned counsel for the parties, the materials available on record and the period of detention in custody, I am inclined to allow this bail application and direct that the petitioners be released on bail in the aforesaid case on such terms and conditions as would be deemed fit and proper by the learned trial court in addition to the following conditions :
(i) they shall not commit similar offence or any
2
other offence;
(ii) they shall not directly or indirectly terrorize or threaten or try to influence the prosecution witnesses; and
(iii) they shall not indulge in any sort of criminal activities while on bail
Violation of any of the above conditions would entail cancellation of bail of the petitioners.
The BLAPL is accordingly disposed of.
P. Patnaik, J.
1 issue framed by the court
Whether bail should be granted to the petitioners in connection with alleged offences under Sections 365 and 395 IPC read with Section 25 of the Arms Act.
3 provisions across 3 enactments
The Petitioners
The State
P. Patnaik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
