Allowed

Deba@ Debasish Nayak@ Naik v. State of Odisha

Orissa HC8 Nov 2021BLAPL/8334/2021

Case brief

AI extract

What is this about?

Single-judge order granting bail to the petitioner in a snatching case under Section 439 Cr.P.C. The High Court allowed bail after observing that investigation was completed, charge sheet filed, and another accused on similar footing had already been released on bail. Conditions imposed include weekly reporting.

What did the court decide?

Petitioner released on bail with conditions to refrain from criminal activities and report weekly to P.S. and IIC for six months.

Deba@ Debasish Nayak@ Naik 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. 8334 of 2021

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Deba @ Debasish Nayak @ Naik …. Petitioner Mr. D.R.Mishra, Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr. Abhinandan Pradhan, ASC

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CORAM:

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JUSTICE R.K.PATTANAIK

Order No.

ORDER

08.11.2021

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 Jarapada P.S. Case No.166 of 2019 corresponding to G.R. Case No. 1406 of 2019 pending in the Court of learned J.M.F.C., Chhendipada.

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Perused the F.I.R. and other documents and also the impugned order dated 20.09.2021.

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The complainant lodged the F.I.R. alleging therein that on 12.07.2021 at about 4.30 a.m., while returning to Angul in a Tanker bearing Regd. No.OD-05F-9062 and on reaching the spot on NH-55, three unknown persons in a bike and two others in another motorcycle arrived and then, on the point of knife, demanded money and snatched away Rs.1700/- kept in his pocket and thereafter, fled from the spot. In that connection, Jarapada P.S. Case No. 166 of 2019 was registered and during investigation, the petitioner was arrested and forwarded to the court of learned J.M.F.C., Chhendipada.

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Learned counsel for the petitioner submits that another accused, namely, Dipu Naik has been granted bail by this Court in BLAPL No. 5814 of 2021 by order dated 10.08.2021 and since, the investigation is completed and charge sheet is filed and the petitioner is in custody since the month of August, 2021, he should be released on bail.

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Learned counsel for the State opposed the petitioner’s bail on the ground that he is having criminal antecedent being involved in Angul P.S. Case No. 683 dated 03.09.2021 under Section(s) 399/402 IPC read with section 25 of Arms Act.

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It is submitted to the Court that in Angul P.S. Case No. 683 of 2021, the petitioner is on bail. A copy of the bail order dated 10.08.2021 in respect of the accused, namely, Dipu Naik is at Annexure-3. The accused persons are alleged of snatching away an amount of Rs.1700/- from the complainant. The charge sheet is submitted as it is brought to the notice of the Court by the learned counsel for the petitioner. It is also reflected in the impugned order dated 20.09.2021.

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Having regard to the above facts and the fact that another accused, who is on similar footing, has been granted bail by this Court, the Court is of the humble opinion that the petitioner should be released extending parity. In so far as the criminal antecedent is concerned, the petitioner is involved in only one case i.e. Angul P.S. Case No. 683 of 2021. In view of the above, it is reiterated that the petitioner should go on bail with conditions.

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In the result, it is directed that the petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper with conditions, such as, he

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Page 2 of 2

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shall not indulge himself in any such criminal activities, while on bail; and shall attend the P.S. and to report the IIC concerned once in a week on Sunday between 10 A.M. to 1.00 P.M. for a period of six months.

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10. The BLAPL is accordingly disposed of.

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An urgent certified copy of this order may be issued as per rules.

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(R.K.Pattanaik)
Judge

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Deba@ Debasish Nayak@ Naik v. State of Odisha

Case brief

What is this about?

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Deba@ Debasish Nayak@ Naik v. State of Odisha

Case brief

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