Kalandi Dehury v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.4929 of 2022 Kalandi Dehury and others ....
Petitioners Mr. A.K. Jena, Advocate -versusState of Odisha ....
Opposite Party Mr. S. R. Roul, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
17.06.2022 01.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
Heard learned counsel for the petitioners and learned counsel for the State. Perused the F.I.R., case diary and other relevant documents as well as statement of the witnesses. 3.
This is an application under Section 439 of the Criminal Procedure Code.
4.
The petitioners are accused in C.T. Case No.713 of 2022 arising out of Dharamsala P.S. Case No.245 of 2022 pending in the court of learned J.M.F.C., Chandikhole for commission of offence punishable under Sections 457/380/34, I.P.C.
5.
It is alleged that some unknown persons had committed theft of six bags of brass ferrule from the stock yard of the informant. 6.
It is submitted by learned counsel for the petitioners that the
// 2 // F.I.R. has been lodged against the unknown persons and the petitioners have been falsely implicated in the present case and they are in custody since 08.05.2022 and investigation of the case has been completed and charge-sheet in the case has been submitted. He also submits that the petitioners do not have any criminal antecedents. He also submits that there is no scope for absconding or fleeing from the hands of the justice and that the petitioners is local persons and that the bail application of the petitioners may be considered.
7.
Leaned Additional Standing Counsel for the State vehemently opposes the prayer for bail of the Petitioners. 8.
Having heard learned counsel for the parties and considering the period of custodial detention of the petitioners, it is directed that let the petitioners be released on bail on furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) each with one local solvent surety for the like amount to the satisfaction of the learned court in seisin over the matter subject to conditions that :- I.
The petitioners shall not be involved in any offence of similar nature;
II.
they shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever; and III. they shall not make any default in attending the court during trial on each date without fail; Violation of any of the terms and conditions shall entail cancellation of bail.
// 3 // 9.
It is open for the court in seisin over the matter to impose other conditions as may be deemed just and proper. 10.
It is further directed that the bail granted to the petitioners is subject to the condition that learned court below shall verify whether the petitioners have any criminal antecedents of similar nature. In the event it is found that the petitioners have any criminal antecedents, this bail order shall automatically stand revoked. 11.
The Bail Application is accordingly disposed of. Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra ) Vacation Judge Jagabandhu