Allowed

Pintu Rout v. State of Odisha

Orissa HC2 Nov 2021BLAPL/7751/2021

Case brief

AI extract

What is this about?

The High Court allowed an application for bail under Section 439 Cr.P.C. for the petitioner, who was in custody for nearly nine months regarding a theft case, noting that the stolen vehicle had been recovered and returned to the complainant.

What did the court decide?

Petitioner released on bail by furnishing a bond of Rs. 40,000 with one solvent surety, undertaking to report to the police station once a week.

Pintu Rout Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 7751 of 2021

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Pintu Rout …. Petitioner

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Mr. Trilochan Nanda and B.K.Panda, Advocate

-versus-

State of Odisha

Opposite Party

Mr.D.R.Parida, ASC

CORAM: JUSTICE R.K.PATTANAIK

Order No.

ORDER

02.11.2021

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

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This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner in connection with C.T. Case No.647 of 2021 corresponding to Nuapada P.S. Case No. 183 of 2020 pending in the court of learned S.D.J.M., Nuapada.

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Perused the F.I.R. and also impugned order dated 27^th April, 2021.

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The complainant lodged the F.I.R. on 19^th December, 2020 alleging therein that on 14^th December, 2020, he had parked his vehicle bearing registration No. OD 26 A 8296 near Allhabad Bank, Nuapada and on his return, found it not to be there and stolen by some unknown culprit. On lodging of F.I.R., Nuapada P.S. Case No. 183 of 2020 was registered and in that connection, the petitioner was arrested in the month of January, 2021 and since then, he is in judicial custody.

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Learned counsel for the petitioner submits that the accused is in judicial custody for nearly 9 months and so far as the stolen vehicle is concerned, it was recovered and seized and also

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handed over to the complainant, in the meantime and having regard to the fact that the petitioner is on bail in other cases, in support of which, an affidavit has been filed with details of orders of the Court in BLAPL Nos. 6711, 6786,6841,7717 and 7727 of 2021, he should be released on bail.

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Learned counsel for the State opposed the bail of the petitioner on the ground of his criminal track record.

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Learned counsel for the petitioner submits that the charge sheet has already been filed. It is admitted by the learned counsel for the State that the vehicle was seized and handed over in the zima of the complainant.

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Having regard to the above facts and period of detention which is since January, 2021 and as the petitioner is on bail in other criminal cases registered under Section 379 IPC, the Court is of the considered view that he should be released on bail.

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In the result, the petition stands allowed. Consequently, it is directed that the petitioner be released on bail on furnishing a bail bond of Rs.40,000/- (rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned court below in seisin over the matter with the conditions that he shall not being involved in similar kind of activities; and shall conduct himself properly, while on bail; and shall report in P.S. once in a week without fail.

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The BLAPL is accordingly disposed of.

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An urgent certified copy of this order be issued as per

rules.

(R.K.Pattanaik)

km Judge

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Pintu Rout v. State of Odisha

Case brief

What is this about?

What did the court decide?

Pintu Rout v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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