On a bail application filed by a petitioner in custody, the court directed release on bail under Section 439 Cr.P.C. as there was no scope for fleeing justice or tampering with evidence, despite the petitioner being arraigned based on a co-accused's statement.
Petitioner released on bail in G.R. Case No. 858 of 2020 subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL NO. 96 OF 2021
The petitioner being in custody in connection with Rayagada P.S. Case No. 390 of 2020 corresponding to G.R. Case No.858 of 2020 on the file of learned S.D.J.M., Rayagada running for alleged commission of offence under section 379/411 of the IPC read with section-12 of the Orissa Minerals (Prevention of Theft, Smuggling and other Unlawful Activities) Act, has filed this application under section 439 of the Cr.P.C. for his release on bail.
Learned counsel for the petitioner submits that the F.I.R. does not name this petitioner as accused and this petitioner has been arraigned in the case on the basis of the statement of the co-accused-Jitendra Kumar Behera who is in custody. He further submits that simply with the above material, the petitioner having been arrested is in custody since 09.12.2020. In view of all these above, when there remains no scope on the part of the petitioner from flee from justice and tamper the evidence; he urges for grant of bail to the petitioner.
Learned counsel for the State opposes the move.
Taking into account the submissions made; further keeping in view the materials on records including the factum of grant of bail to the co-accused person/s as also other surrounding circumstances including the period of detention of the petitioner in custody and on going through the order passed by the learned Addl. Sessions Judge-cumSpecial Judge; in the absence of any such impediment; it is
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directed that the petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions that:-
Violation of any of the condition/s shall entail cancellation of bail.
The BLAPL is accordingly disposed of.
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Narayan
1 issue framed by the court
Whether the petitioner should be released on bail in a theft case under IPC and Orissa Minerals Act.
3 provisions across 3 enactments
Petitioner
The State
Narayan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
