Muna Nayak@Naik Vs State of Odisha

Heard learned counsel appearing for the Petitioner and learned Additional Government Advocate appearing for the State-Opposite Party. Perused the materials placed before this Court.

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The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with G.R. Case No.11 of 2024, arising out of Koraput Town P.S. Case No.5 of 2024, pending in the Court of learned S.D.J.M., Koraput for alleged commission of offence punishable under Sections 457, 380, 34 of I.P.C.

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Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the

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Petitioner is in custody since 10.01.2024. He further submitted that the Petitioner has no role in the alleged crime. The only allegation against the Petitioner that he was the owner of the auto rickshaw in which the stolen articles were illegally transported. It was further contended that the Principal accused, namely Raja Choudhury, who was released on bail by the learned Court below. He further submitted that the Petitioner does not have any similar criminal antecedents. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

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Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that the Petitioner is released on bail there is a possibility he might abscond from the natural of justice and he may not appear before the Court below during Trial & he may indulge in similar criminal offences. Accordingly, it was prayed that the bail application of the Petitioner be rejected at this juncture.

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Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.25,000/(Rupees Twenty Five thousand) with two local solvent sureties for the like amount to the satisfaction of the learned court in seisin over the matter.

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