Tapan Kumar Pradhan Vs State of Odisha

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioners for regular bail in connection with C.T. Case No.205 of 2023, arising out of K. Nuagaon P.S. Case No.67 of 2023, pending in the Court of learned S.D.J.M., Balliguda, for alleged commission of offence punishable under Section 395 of the I.P.C

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It is stated 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 Petitioners are in custody since 25.11.2023. He further contended that in the meantime investigation has been concluded and final charge sheet has been filed. Learned counsel for

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the Petitioners further referring to the allegation made in the F.I.R., submitted that initially the F.I.R. was lodged making allegation for commission of offence under Section 457/380 of I.P.C. However, after conclusion of investigation, a case has been turned under Section 395 of I.P.C. Learned counsel for the Petitioners further contended that initially the F.I.R. was lodged against the unknown persons. The Petitioners have been taken on remand in the present case while they were in custody in connection with another case. Learned counsel for the Petitioners further contended that no T.I. Parade has been conducted to identify the accused persons. He further contended that nothing has been recovered from the possession of the present Petitioners. It is further submitted that although the Petitioners are having three criminal antecedents, however, they are ready and willing to abide by any terms and conditions that would be imposed by this Court in the event they are released on bail.

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Learned counsel for the State, on the other hand, submitted that there are other materials to implicate the present Petitioners in the present crime. He further submitted that the Petitioners are having similar criminal antecedents. Therefore, in the event the Petitioners are released on bail, they might indulge in similar criminal offences. On such ground, learned counsel for the State submitted that the prayer for bail of the Petitioners be rejected at this juncture.

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Considering the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the materials on record and further taking note of the period of custodial detention and the fact that no T.I. parade has been conducted and nothing has been recovered from the possession of the present Petitioners, this Court is inclined to release the Petitioners on bail.

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Hence, it is directed that the Petitioners be released on bail in the

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aforesaid case on furnishing bail bond of Rs.35,000/-(Rupees thirty five thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. The release of the Petitioners shall also be subject to the conditions that the Petitioners shall appear before the trial court on each and every date of posting of the case; and they shall also appear before the local police station once in a fortnight, preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M., for a period of three months. Violation of any of the terms and conditions shall entail cancellation of bail.

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It is further directed that the bail granted to the Petitioners is subject to the condition that the court below shall verify whether the Petitioners have any criminal antecedent of similar nature. In the event it is found that the Petitioners are having more than three criminal antecedents of similar nature, then this bail order shall automatically stand revoked.

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9. The BLAPL is, accordingly, disposed of.

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

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( A.K. Mohapatra)

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Judge

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Debasis

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Signature Not Verified