Debraj Behera Vs Union of India

Heard learned counsel appearing for the Petitioners and learned counsel appearing for the Opposite Party. Perused the materials placed before this Court.

¶16

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail relating to RPF Post KUR Case No.02 of 2023, corresponding to 2(c).C.C. Case No.02 of 2023, pending before the learned J.M.F.C., Jatni, for alleged commission of offence punishable under Section 3(a) RP (UP) Act.

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Learned counsel for the Petitioners submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioners that the Petitioners are in custody since 13.03.2024. He further contended that the investigation has progressed substantially and the final charge-sheet is likely to be filed

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Page 1 of 3.

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soon. Learned counsel for the Petitioners further contended that as per allegation made in the FIR, the Petitioners confessed that they had stolen two canes of petrol with the help of a pipe from the railway wagon. He further contended that since the Petitioners belong to locality, there is no chance of absconding. In such view of the matter, learned counsel for the Petitioners submitted that the Petitioners be released on bail on any terms and condition which the Petitioners undertake to abide by while on bail.

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Learned counsel for the Opposite Party on the other hand contended that the allegations made in the FIR are serious in nature. It was further contended that the Petitioner Nos.1 & 3 are have several antecedents, therefore, in the event they are released on bail he might abscond justice which might lead to delay in conclusion of trial. Learned counsel for the State opposed the release of the Petitioners in view of the nature and seriousness of allegation made against the Petitioners. Therefore, he 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 consideration of the surrounding facts as well as materials on record, further taking note of the seriousness and gravity, this Court is inclined to release the Petitioner No.2 on bail on furnishing a bail bond of Rs.25,000/(Rupees Thirty Thousand) with two local solvent sureties each and the Petitioner Nos.1 & 3 on bail on furnishing a bail bond of Rs.30,000/(Rupees Thirty Thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.

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

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Page 2 of 3.

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It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper.

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It is further directed that the bail granted to the Petitioner Nos.1 & 3 are subject to depositing each of a cash security of Rs.4,000/(Rupees Four Thousand) before the learned Court in seisin over the matter, which shall be kept in any Nationalized Bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case.

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It is further directed that the bail granted to the Petitioners are subject to the condition that the court below shall verify the criminal antecedent of the Petitioners. In the event it is found that the Petitioner No.2 is having any criminal antecedent and the Petitioner Nos.1 & 3 are having more than three criminal antecedents, this bail order shall automatically stand revoked. Violation of any of the terms and conditions shall entail cancellation of bail.

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The BLAPL is, accordingly, disposed of.

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( A.K. Mohapatra) Judge

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S.K. Rout

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Signature Not Verified

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Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 02-Aug-2024 15:49:56

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Debraj Behera v. Union of India

Case brief

What is this about?

What did the court decide?

Debraj Behera v. Union of India

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Statutes considered

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