Allowed

Gajendra Sahuy @ Gajendra Sahu v. State of Odisha

Orissa HC20 Dec 2023BLAPL/13358/2023

Case brief

AI extract

What is this about?

The High Court of Orissa allowed a bail application under Section 439 Cr.P.C. regarding a theft case. Despite the petitioner's antecedents and possession of the stolen fridge, his custody was ordered to be vacated subject to specific conditions and verification.

What did the court decide?

Petitioner released on bail on terms including prohibition of criminal activity, threat to witnesses, and cooperation with investigation.

Gajendra Sahuy @ Gajendra Sahu Vs State of Odisha — Bail and Remand | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 13358 of 2023

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Gajendra Sahuy @ Gajendra Sahu

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Petitioner

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Mr. M. Pagal, Advocate

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Vs.

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State of Odisha

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….. Opposite Party Mr. D.K. Mishra, AGA

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CORAM:

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JUSTICE SAVITRI RATHO ORDER

20.12.2023

Order No.

(Through hybrid mode)

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1. This is an application under Section 439 of Cr.P.C. for grant of

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bail to the petitioners in connection with Narla P.S. Case No. 218 of 2023 corresponding to C.T. Case No. 450 of 2023 pending in the Court

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of the learned J.M.F.C., M. Rampur registered under Sections 457, 380

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and 34 of IPC against unknown persons.

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2. The prayer for bail of the petitioner has been rejected vide order dated 09.11.2023 passed by the learned Additional Sessions Judge, Bhawanipatna in Bail Application No. 396 of 2023.

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3. The prosecution case in brief against the petitioner is that on 15.10.2023 in the absence of his father-in-law from his house, the lock of his house had been broken and TV, fridge and other electronic appliances had been stolen from the house. The informant came to learn from the villagers that the theft has been committed by Kuldeep Naik, Sachin Bhoi and Roshan Sahu of village Palsasada and the stolen

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articles sold to Gajindra Sahu.

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Page 1 of 3

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4. Mr. M. Pagal, learned counsel for the petitioner submits that the petitioner is in custody since 20.10.2023 and the allegations against him is that the stolen articles have been sold to him and the fridge has been recovered from his possession. He submits that the petitioner was not aware that the fridge was a stolen one. He further submits that the petitioner has only one criminal antecedent and as investigation in the case is practically over, the prayer for bail may be sympathetically considered.

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5. Mr. D.K. Mishra, learned Additional Government Advocate

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opposes the prayer for bail stating that investigation has not been completed, the petitioner has bought some of the stolen articles and the fridge has been recovered from his possession and he has one criminal antecedent for which the prayer for bail, should be rejected.

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6. Considering the nature of allegations against the petitioner, the punishment prescribed for the offences which he is alleged to have committed and the submission that he has only one criminal antecedent, I am inclined to allow the prayer for bail.

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7. The petitioner-Gajendra Sahuy @ Gajendra Sahu shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, subject to verification of

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his criminal antecedents, including the following conditions:

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(i) He will not indulge in any criminal activity while on bail.

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Page 2 of 3

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(ii) He will not threaten or try to influence prosecution witnesses

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while on bail.

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(iii) He will co-operate with the investigation and report before the IIC, Narla Police Station, once every alternate Sunday between 10.00 a.m. to 12.00 noon, till conclusion of trial.

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8. Violation of any condition will entail in cancellation of bail/ recall of this order.

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9. The BLAPL is accordingly disposed of.

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10. Urgent certified copy of this order be granted on proper

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application.

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11. Copy of this order be supplied to Mr. D.K. Mishra, learned Additional Government Advocate for onward transmission to the IIC, Narla Police Station.

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(Savitri Ratho) Judge

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puspa

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Signature Not Verified

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Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 22-Dec-2023 10:39:25

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Page 3 of 3

Gajendra Sahuy @ Gajendra Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Gajendra Sahuy @ Gajendra Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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