Mahendra Venkatraman @ v.Mahendra @ Magendiran v Vs State of Odisha

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioners for bail in connection with Jharsuguda P.S. case No-430/2024, corresponding to C.T case No-1763/2024 pending in the Court of the learned S.D.J.M., Jharsuguda for alleged commission of offence under Section 457/380 and 34 I.P.C.

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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

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custody since 16.07.2024. He further contended that the

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investigation has been concluded and the final charge sheet has been filed. He further contended that initially the F.I.R. was registered against unknown accused persons. However, the present petitioners has been subsequently entangled in the present case during investigation. He further submitted that the petitioners are having three criminal antecedents. In such view of the matter, learned counsel for the Petitioners submitted that the Petitioners are 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 Petitioners on the ground that in the event the Petitioners are released on bail, there is a possibility that they might indulge in similar criminal offences. Accordingly, it was prayed that the bail application of the Petitioners 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, further taking into consideration the period of detention, this Court is inclined to release the Petitioners 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 subject to the following terms and conditions:

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I) The Petitioners shall also file an affidavit before the Trial Court with regard to indicating there his residential details other details like Aadhar No., Phone No. before the jurisdictional police station & further release of the Petitioner shall be subject to verification

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of such details as would be furnished by any relative of the Petitioners in the shape of an affidavit.

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II) shall not be involved in any offence of similar nature while on bail;

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III) shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever;

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IV) shall not make any default in attending the court during trial on each date without fail;

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V) shall appear before the concerned Police Station once in a fortnight preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M. till conclusion of the trial.

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

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