The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL NO.6775 OF 2024 Aslam Khan State of Odisha Arman Sha State of Odisha Rahul Sha State of Odisha …. Petitioner Represented By Sr. Adv. -Mr. S.C. Mohapatra. -versus- ….
Legal Reasoning
Opposite Party Represented By Adv. -Mr.Tapas Ku. Acharya, ASC. BLAPL NO.6265 OF 2024 …. Petitioner Represented By Adv. -Mr. Kshirod Ku. Rout -versus- …. Opposite Party Represented By Adv. -Mr.Tapas Ku. Acharya, ASC. BLAPL NO.6286 OF 2024 …. Petitioner Represented By Adv. -Mr. Debashis Routray. -versus- …. Opposite Party Represented By Adv. -Mr.Tapas Ku. Acharya, ASC. BLAPL NO.8592 OF 2024 Bitu @ Biswajit Das State of Odisha …. Petitioner Represented By Adv. -Mr. Bijay Ku. Ragada. -versus- …. Opposite Party Represented By Adv. -Mr.Tapas Ku. Acharya, ASC.
Decision
CORAM: HON’BLE MR. JUSTICE A.C. BEHERA ORDER 13.11.2024 Page 1 of 5 Order No. 05. 1. This matter is taken up through hybrid arrangement (Virtual/ Physical) mode. 2. Since all these four bail applications have arisen out of the once case vide G.R. Case No.441 of 2024 in connection with Balanga P.S. Case No.97 of 2024, then all these four bail applications are taken up together analogously for their final disposal through this common order. 3. Heard from the learned Counsels for the Petitioners and learned Additional Standing Counsel for the State. 4. The Petitioners have been charge-sheeted on dated 11.08.2024 under section 459/395/120-B/397/412/413 of the IPC rea with Section-25/27 of the Arms Act, on the allegations alleged against them (Petitioners) by the Informant that, on dated 06/07.04.2024 night, there was commission of dacoity by the culprits from his house and in such dacoity, cash of Rs.12,000/- along with gold and silver ornaments were looted away. 5. Thereafter, the Informant lodged the F.I.R. at Balanga Police Station. Basing upon such F.I.R., Balanga P.S. Case No.97 of 2024 was registered and investigation was started. 6. During investigation, first, Aslam Khan (Petitioner in BLAPL No.6775 of 2024), Arman Sha (Petitioner in BLAPL No.6265 of 2024), and Rahul Sha (Petitioner in BLAPL No.6286 of 2024) were arrested on 15.04.2024 and thereafter, Bitu @ Biswajit Das (Petitioner in BLAPL No.8592 of 2024) was brought on remand to the case on 26.06.2024 from Chandrasekharpur P.S. Case No.1314 of 2024 and accordingly the Petitioners are in jail custody since 15.04.2024 and 26.06.2024 respectively. Page 2 of 5 During investigation, the test identification parades in respect of the suspects i.e. the Petitioners were conducted, but as per T.I. parade reports, none of these of Petitioners has been identified in the said T.I. parades by the Informant and his family members. 7. As per the story of the prosecution, cash of Rs.77,000/- and some gold ornaments have been seized from Aslam Khan, (Petitioner in BLAPL No.6775 of 2024). Cash of Rs.55,000/- along with some gold ornaments have been seized from Arman Sha, (Petitioner in BLAPL No.6265 of 2024). Cash of Rs.70,000/- along with some gold ornaments have been seized from Rahul Sha, (Petitioner in BLAPL No.6286 of 2024). Cash of Rs.50,000/- has been seized from Bitu @ Biswajit Das, Petitioner in BLAPL No.8592 of 2024. 8. The learned Counsels for the Petitioners submitted for liberal consideration of bail of the Petitioners on the ground that, they (Petitioners) have not been identified by the Informant and his family members in T.I. parades, the investigation of the case has already been completed, and the seized money is highly excessive than the alleged stolen money indicated in the F.I.R., to which, the learned Additional Standing Counsel for the State vehemently objected, contending that, as the Petitioners have committed dacoity in the dead of night from the house of the Informant by taking away all his money and valuables including the ornaments, terrorizing his family members and as there are criminal antecedents against them (Petitioners) and as there is every possibility of repeating the similar nature of crime by them Page 3 of 5 (Petitioners), in case of their release on bail, for which, they (Petitioners) should not be allowed to go on bail. 9. When the Petitioners are in jail custody since April, 2024 and when during the staying of the Petitioners inside the jail, the investigation of the case has already been completed, due to submission of charge-sheet and when none of the Petitioners has been identified by the Informant and his family members as participants of the alleged incident in the T.I. parades conducted in the jail by the learned Magistrate and when the presence of the Petitioners during trial of the case are not unsecured, as they (Petitioners) are local people and when main object of bail is to secure the attendance of the accused persons during trial, when the stolen ornaments and money have already been recovered and seized substantially and when it is not the case of the prosecution that, the Petitioners have not cooperated the investigation, then at this juncture, by taking the above factors into account, it is felt proper to allow them (Petitioners) to go on bail with stringent conditions, looking to the future safety and security of the Informant and his family members, witnesses as well as the interest of the prosecution. Therefore, all the four bail applications filed by the Petitioners are allowed. They (Petitioners) are allowed to go on bail on furnishing bail bond of Rs.1,00,000/- (rupees one lakh) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with conditions that:- they (Petitioners) shall not involve with similar (i) nature of crime in future. Page 4 of 5 (ii) they (Petitioners) shall remain present personally on each date of adjournment of the case till conclusion of the trial. (iii) they (Petitioners) shall not terrorize, coerce, influence or threat any witnesses of the prosecution including the Informant and his family members either directly or indirectly in any manner whatsoever in any manner till conclusion of the trial of the case. (iv) they (Petitioners) shall appear before the IIC, Balanga P.S. on each Sunday, once during day time till the conclusion of the trial, but in case of their failure to comply in any of the aforesaid conditions, the learned Court in seisin over the matter is authorized to cancel their respective bail orders outrightly without seeking any permission for the same from this Court. Accordingly, all the four bail applications filed by the 10. Petitioners are disposed of finally with a copy to the IIC, Balanga P.S. for information and report to the Court in seisin over the matter in case of violation of any of the conditions by any of the Petitioners. 11. Grant certified copy of this order to the Petitioners on proper application. Narayan (A.C. Behera), Judge. Signature Not Verified Digitally Signed Signed by: NARAYAN HO Reason: Authentication Location: OHC Date: 14-Nov-2024 10:49:15 Page 5 of 5