Moisin @ Mahasin Layak Vs State of Odisha

Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with Kharbelnagar P.S. Case No.415 of 2026 corresponding to C.T. Case No.1362 of 2026 pending in the file of learned S.D.J.M., Bhubaneswar on the grounds stated therein.

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Gone through the FIR as at Annexure-1. It is claimed that the petitioner has been entangled on the basis of the confessional statement of the co-accused, namely, Sk. Mustakin. It is also submitted that the recovery of the batteries is of the CCTV have been made from the above named accused and not the petitioner. Since, the petitioner is having no antecedent of similar nature, it is submitted that he should be allowed to go on bail with conditions. Such release of the petitioner is opposed by learned counsel for the State for the alleged mischief towards removal of the batteries and disposal

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of the same as scrap. The name of the petitioner is mentioned in the FIR but his involvement with the theft is alleged against him upon disclosure made by the accused, namely, Sk. Mustakin. Recording the objection of the State and since the co-accused named above is stated to be responsible for the alleged theft and disclosure made by him entangled the petitioner, this Court in view of the claim that he has no other similar antecedent though not in favour of entertaining his bail plea but is inclined to direct the petitioner to should surrender before the learned court below to go on bail with conditions.

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4. Accordingly, it is ordered.

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In the result, the ABLAPL is disposed of. It is directed that in the event, the petitioner surrenders before the court of learned S.D.J.M., Bhubaneswar in connection with Kharbelnagar P.S. Case No.415 of 2026 corresponding to C.T. Case No.1362 of 2026 within a fortnight from today, he shall be released on bail upon furnishing a bail bond of R.25,000/(twenty-five thousand only) with one solvent surety for the like amount imposing such other conditions as deemed just and proper in the facts and circumstances of the case. It is further directed that release of the petitioner shall be subjected to absence of similar antecedent against him. It is also directed that the petitioner shall cooperate the I.O. in the investigation and to attend the P.S. once in a fortnight preferably on Sunday between 10 A.M. and 1 P.M. for the said purpose without default.

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Rojina

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