Bije Bag@ Bijaya Bag v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL NO. 10181 OF 2021 Bije Bag @ Bijaya Bag ....

Petitioner Mr.Jyotirmaya Sahoo, Adv.

-versusState of Odisha ....

Opposite Party Mr.Karunakar Das, ASC

CORAM:

MR. JUSTICE S.K. PANIGRAHI

ORDER

15.02.2022 Order No.

02.

1. This matter is taken up by hybrid mode.

2. Heard, learned counsel for the petitioner and learned counsel for the State.

3. The petitioner being in custody in connection with Bargarh Town P.S. Case No. 376 of 2020 corresponding to C.T. Case No. 966 of 2020 pending in the court of the learned S.D.J.M., Bargarh, registered for the alleged commission of offenses under Sections 457/380/34 of the Indian Penal Code, has filed this application under Section 439 of CrPC for his release on bail.

4. The brief fact of the prosecution case is that the informant lodged an FIR alleging therein that some unknown people entered his house and stole of three mobile handsets, Aadhaar cards and cash to the tune of Rs.1700/-

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5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. The petitioner has been remanded in this case when he was in custody being arrested in another case. He has no any criminal antecedents. It is further submitted that the petitioner has been released on bail by order of this Court in BLAPL No.1834 of 2021 and BLAPL No. 1864 of 2021. The petitioner is in custody since 03.11.2020.

6. Learned counsel for the State objected the bail prayer of the petitioner with the submission that some stringent terms and conditions may be imposed on him in case of his release on bail.

7. Considering the submissions made, facts and circumstances of the case as well as length of detention in custody, it is directed that the petitioner be released on bail in the aforesaid case with some stringent terms and conditions as deemed just and proper by the learned court in seisin over the matter with further conditions that:- i) he shall appear before the court below on each date of posting of the case;

ii) he shall not tamper with the prosecution evidence in any manner and iii) he shall not involve himself in any criminal activities while on bail.

// 3 // Violation of any of the aforesaid conditions, shall entitle cancellation of bail.

8. Accordingly, the BLAPL stands disposed of being allowed.

9. Issue urgent certified copy of the order as per Rules. ( S.K. Panigrahi) Judge LB `