Mangu @ Mangaraj Swain v. State Of Odisha

Represented By Adv. – Mr. S.K. Jenamani Opposite Parties Represented By Adv. – Mr. B.K. Ragada, A.G.A. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No.

#01. ORDER 19.04.2024

#1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

#2. Heard learned counsel appearing for the Petitioner and learned Additional Government Advocate appearing for the State-Opposite Party. Perused the materials placed before this Court.

#3. The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with G.R. Case No.261 of 2024, arising out of Chauliaganj P.S. No.64 of 2024, pending in the Court of learned J.M.F.C. (Cogn. Taking)-IV, Cuttack, for alleged commission of offence punishable under Section 394/34 of the I.P.C. Page 1 of 3.

#4. It is submitted by the learned counsel for the Petitioner that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioner is in custody since 09.03.2024. He further submitted that in the meantime investigation has substantially progressed. He further contended that T.I. parade was conducted and the Petitioner has been identified in such T.I. parade. It has also been contended that the stolen articles have already been recovered in the meantime. Learned counsel for the Petitioner further contended that the Petitioner has only one criminal antecedent and the same is not of similar nature. On such ground, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and conditions which he shall abide by while on bail.

#5. Learned Additional Government Advocate appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that allegations made in the F.I.R. against the Petitioner are serious in nature. He further submitted that in the event the Petitioner is released on bail, there is every possibility that he might abscond from justice. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

#6. Having heard the learned counsels appearing for the respective parties and upon a conspectus of the surrounding facts and circumstances involved in the present bail application as well as the materials on record and further taking into consideration the aforesaid facts, this Court is Page 2 of 3. inclined to release the Petitioner on bail.

#7. Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.30,000/-(Rupees thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. The release of the Petitioner shall also be subject to such other terms and conditions as would be fixed by the Court in seisin over the matter. Violation of any of the terms and conditions shall entail cancellation of bail.

#8. It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner has any criminal antecedent. In the event it is found that the Petitioner has more than one criminal antecedent, then this bail order shall automatically stand revoked.

#9. The BLAPL is, accordingly, disposed of. Issue urgent certified copy of this order as per Rules. ( Aditya Kumar Mohapatra) Judge Debasis Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: OHC, CUTTACK. Date: 22-Apr-2024 10:15:41 Page 3 of 3.