Sk. Sonu @ Sk. Sahil Vs State of Odisha

Instant petition under Section 439 Cr.P.C. is filed for release of the petitioner on bail in connection with C.T. Case No.894 of 2023 corresponding to Mancheswar P.S. Case No.311 of 2023 pending in the file of learned JMFC-II, Bhubaneswar on the grounds stated therein.

Mr. Ray, learned counsel for the petitioner submits that the petitioner is in custody from 19^th August, 2023 by a remand and considering the fact that in the meantime, chargesheet is filed and other accused persons are on bail, similar relief should be extended to him.

Mr. Tripathy, learned counsel for the State opposed release of the petitioner on bail on the ground that accused is having criminal antecedents.

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Perused the order dated 20^th December, 2023 in BLAPL No. 13838 of 2023, whereby, one of the accused persons, namely, Sajad Khan has been granted bail. The Court also perused the order dated 22^nd February, 2024 in BLAPL No. 667 of 2024 as at Annexure-3 series to find that one more accused, namely, Dipu @ Pintan Kumar Dalei is also granted bail.

The petitioner is said to have been chargesheeted under Section 392/34 IPC along with other accused persons as informed by the learned counsel for the petitioner. The chargesheet was filed on 26^th September, 2023 as further informed to the Court. The petitioner has been remanded in the instant case as per the claim of learned counsel appearing for him. It appears that the petitioner is involved in other cases. As pointed out by Mr. Tripathy, learned AGA for the State, the petitioner is found to be involved in ten other criminal cases. So the Court finds that the petitioner has a criminal history but then having found two other accused persons on bail and the fact that the petitioner stood remanded while being in judicial custody in some other case, he has been under detention since 19^th August, 2023. Considering the above facts and that the investigation is concluded with the chargesheet filed in the meantime, though the petitioner is having other criminal cases to his credit, the Court is of the view that he should be allowed to go on bail like other two accused persons for being similarly situated like them subject however to stringent conditions, which are as follows.

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In the result, the petition under Section 439 Cr.P.C. stands allowed with a direction for release of the petitioner on bail in connection with C.T. Case No.894 of 2023 arising out of Mancheswar P.S. Case No.311 of 2023 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties for the like amount each to the satisfaction of the learned JMFC-II, Bhubaneswar, who shall be at liberty to impose such other suitable conditions as deemed just and necessary in the facts and circumstances of the case besides the following, such as, he shall attend the local P.S. once in a week preferably on Sunday between 10.00 a.m. to 1.00 p.m. and continue to do so for a period of six months without fail.

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