Jitu Majhi @ Vokal Vs State of Odisha

Heard learned counsel appearing for the Petitioners and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.

¶13

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioners for regular bail in connection with G.R. Case No.4731 of 2021, arising out of Sason P.S. Case No.307 of 2021, pending in the Court of learned J.M.F.C.-II, (Cog. Taking), Sambalpur, for alleged commission of offence punishable under Section 379 of

¶14

Page 1 of 4.

¶15

I.P.C.

¶16

It is submitted by the learned counsel for the Petitioners that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioner No.1 is in custody since 10.01.2024 and the Petitioner No.2 is in custody since 15.01.2024. He further contended that in the meantime, investigation has been concluded and charge sheet has been filed. He further contended that the F.I.R. has been lodged against unknown accused persons and the Petitioners are taken on remand in the present case while they were in custody in another case. Learned counsel for the Petitioners further contended that the Petitioners have been falsely implicated in the present case. It was also contended that the alleged bike which was stolen has already been recovered in the meantime and that the Petitioners have no connection in such bike which was stolen. He further contended that although the Petitioners have some similar criminal antecedents, however, in the event the Petitioners are released on bail, they will abide by the terms and conditions imposed by this Court.

¶17

Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioners on bail on the ground that the Petitioners are having series of criminal antecedents. He further contended that in the event the Petitioners are

¶18

Page 2 of 4.

¶19

released on bail, they might indulge in similar criminal offences and also there is a possibility to abscond from justice which would eventually cause delay in conclusion of the trial. In such view of the matter, learned Additional Standing Counsel prayed that the prayer for bail of the Petitioners be rejected.

¶20

Considering the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the materials on record as well as the statements of the witnesses, further taking into consideration the period of custodial detention and the fact that the F.I.R. was lodged against unknown persons and that the Petitioners have taken on remand in the present case, this Court is inclined to release the Petitioners on bail on stringent conditions.

¶21

Hence, it is directed that the Petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.40,000/- (Rupees forty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. Further, the release of the Petitioners shall also be subject to the following conditions:-

¶22

I) they shall appear before the local police station once in a fortnight for a period of three months and thereafter once in a month till conclusion of the

¶23

Page 3 of 4.

¶24

trial; and

¶25

IV) they shall appear before the Court in seisin over the matter on each and

¶26

every date of posting of the case.

¶27

Violation of any of the terms and conditions shall entail cancellation of bail.

¶28

Further, the release of the Petitioners shall also be subject to furnishing a cash security of Rs.5,000/- (Rupees five thousand) each before the Court in seisin over the matter which shall be kept in interest bearing fixed deposit account in the name of the court in any nationalized bank and renewed from time to time till disposal of the case. The said deposit shall be subject to the final outcome of the trial.

¶29

9. The BLAPL is, accordingly, disposed of.

¶30

Issue urgent certified copy of this order as per Rules.

¶31

( Aditya Kumar Mohapatra) Judge

¶32

Debasis

¶33

Signature Not Verified

¶34

Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: OHC, CUTTACK. Date: 16-Apr-2024 11:46:06