High Court allowed bail to the accused under Section 439 CrPC in a theft case, considering the period of custody and circumstances of the offence, directing the lower court to release him on bail with specific conditions.
Released on bail subject to cooperation with investigation and non-tampering with evidence.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.251 of 2024
Gagan Naik @ Majhi ..……. Petitioner Mr. P.R. Singh, Advocate -Versus- State of Odisha ..……. Opposite Party Mr. P.K. Maharaj,
Addl. Standing Counsel
CORAM:
JUSTICE SIBO SANKAR MISHRA
ORDER
27.02.2024
Order No. 03.
1. This is an application under Section-439 Cr.P.C.
2. The petitioner is an accused in Kamakhya Nagar P.S. Case No. 45 of
2015 corresponding to C.T. (Sessions) Case No.1 of 2024 pending in the Court of the learned Additional Sessions Judge, Kamakhya Nagar for the offences under Sections- 457/458/395/397 IPC.
3. The allegation against the petitioner is that on 17.03.2015, one Raj Kishore Sahoo, Manager of I.D. Liquor shop, Bhalumunda, Kamakhya
Nagar lodged a written F.I.R. before the I.I.C., Kamakhya Nagar Police Station to the effect that on 16.03.2015 mid-night, four persons person being armed with deadly weapons entered into his I.D. Liquor shop of the informant and assaulted the staff and committed theft of cash of Rs.58,641/- from the cash box, one mobile phone etc. Basing on the
2
aforesaid allegation, I.I.C., Kamakhya Nagar Police Station, Dhenkanal registered the case against the petitioner.
4. The petitioner had approached the learned Additional District & Sessions Judge, Kamakhyanagar praying for grant of bail. The learned Court below vide its order dated 05.01.2024 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.
5. Taking into consideration the period of custody from 26.12.2023, the nature of accusation and the circumstances in which the offence alleged
to have been committed, I am inclined to admit the petitioner on bail.
Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to the further condition that he shall cooperate with the investigation and shall not tamper with the evidence in
any manner.
Violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.
6. The BLAPL is accordingly disposed of.
Signature Not Verified
Subhasis/P.A.
Digitally Signed Subhasis/P.A. Signed by: SUBHASIS MOHANTY Designation: P.A. Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 28-Feb-2024 13:51:59
1 issue framed by the court
Whether the petitioner should be admitted on bail in an offence of theft punishable under Sections 457, 458, 395, and 397 of the Indian Penal Code.
2 provisions across 2 enactments
Gagan Naik @ Majhi
State of Odisha
SIBO SANKAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
