Rahul Ray State of Odisha … v. …
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 13460 of 2023 Rahul Ray State of Odisha ….. Vs. ….. Petitioner Ms. Shreya Patnaik, Adv. Opp. Party Mr. M.R. Mishra, A.S.C. CORAM: JUSTICE SAVITRI RATHO ORDER 06.05.2024 (Through hybrid mode) Order No. 13. 1. This application under Section 439 of Cr.P.C. has been filed for grant of bail to the petitioner in connection with Rourkela Sector-15 P.S. Case No. 40 of 2023 corresponding to G.R. Case No. 861 of 2023 pending in the Court of the learned S.D.J.M., Panposh, Rourkela where charge sheet dated 30.10.2023 has been filed against the petitioner and others for commission of offences punishable under Sections 457, 380,
Legal Reasoning
34 of IPC. The FIR had been registered against unknown persons. 2. This bail application has been listed before me, as BLAPL No. 13455 of 2023 filed by co-accused Rakesh Nayak @ Dantura Babu
Decision
has been disposed of by me on 15.12.2023. 3. Heard Ms. Shreya Patnaik, learned counsel for the petitioner and Mr. M.R. Mishra, learned Addl. Standing Counsel for the State. Page 1 of 6 4. The prayer of the petitioner has been rejected vide order dated 07.11.2023 by the learned 1st Addl. Sessions Judge (In-Charge), Rourkela in BLAPL No. 659 of 2023. 5. The prosecution allegation in brief is that on 18.05.2023 at about 9.40 p.m., when the complainant had gone on “C” shift duty to RSP, Rourkela and his wife and daughter had gone to Hyderabad, some unknown persons entered into the house by breaking the front door lock and opened the steel almirah in the bed room of the informant and stole one gold chain weighing 16 grams, one laptop, five numbers of gold ear rings, one gold ring and cash of Rs.1500/-. 6. Ms. S. Patnaik, learned counsel for the petitioner submits that the petitioner has been remanded in this case on 04.07.2023, on the basis of the confession before police in connection with Rourkela Sector-15 P.S. Case No. 43 of 2023. She further submits that after he was arrested in that case, he has been shown as accused in nine other cases which has been registered against unknown persons including the present case and he has been acquitted in one case. She also submits that the offences in all the cases are triable by Magistrate First Class and the petitioner has spent more than eight months in custody and as investigation has been completed, his prayer for bail may be sympathetically considered. She further submits that the T.I. has not Page 2 of 6 been conducted in the case and co-accused Rakesh Nayak @ Dantura Babu has been granted bail in BLAPL No. 13455 of 2023. 7. Mr. M.R. Mishra, learned Addl. Standing Counsel for the State opposes the prayer for bail stating the petitioner is a habitual offenders. In view of his antecedents, the petitioner is likely to commit similar offence if he is released on bail. 8. An affidavit has been filed by Pushpalata Mallick, mother of the petitioner stating that the petitioner has ten antecedents including this case and he has been acquitted in one case and released on bail in all the other case. The cases are as under:- “(a) G.R. Case No. 709 of 2017, arising out of Sector-15 P.S case No. 35 of 2017, Rourkela, offences are U/s- 457,380 IPC, Pending in the Court of learned S.D.J.M., Panpose, Rourkela and bail is granted by the said court of Learned S.D.J.M., Panpose. (b) G.R. Case No. 1945 of 2019, arising out of Sector-7 P.S case No. 151 of 2019, Rourkela, offences are U/s-457,380 IPC, Pending in the Court of learned S.D.J.M., Panpose, Rourkela and bail is granted by the said court of learned S.D.J.M., Panpose. (c) G.R Case No.111 of 2020, arising out of Sector-15 P.S case No.07 of 2020, Rourkela, offence U/s-379 IPC. Pending in the court of learned S.D.J.M, Panpose, Rourkela and bail is granted by the said court of learned S.D.J.M., Panpose. Page 3 of 6 (d) G.R. Case No. 122 of 2020, arising out of Sector-15 P.S. Case No. 09 of 2020, Rourkela, offences are U/s. 457, 380 and 34 of IPC, pending in the court of learned S.D.J.M., Panpose, Rourkela and is released on bail by the said court of learned S.D.J.M., Panpose. (e) G.R. Case No.715 of 2021, arising out of Chhend P.S. Case No.57 of 2021, offence U/s-379 of IPC and the petitioner is acquitted by the Court of learned S.D.J.M., Panpose, Rourkela. (f) G.R. Case No. 758 of 2021, arising out of Chhend P.S. Case No.59 of 2021, offence U/s-379 IPC which is Pending in the court of the learned S.D.J.M, Panpose, Rourkela and bail is granted by the said court of learned S.D.J.M., Panpose. (g) G.R. Case No.770 of 2023, arising out of Sector-15 P.S. Case No.33 of 2023, Rourkela, offences are U/s-457, 380 of IPC, which is Pending in the court of the Learned J.M.F.C, Panpose, Rourkela and Bail is granted by the learned 2nd Add. District and Sessions Judge, Rourkela. (h) G.R. Case No.771 of 2023, arising out of Sector-15 P.S case No. 34 of 2023, Rourkela, offences are U/s-457, 380 of IPC, which is Pending in the court of Learned J.M.F.C, Panpose, Rourkela and Bail is granted by the learned 2nd Addl. District and Sessions Judge, Rourkela. (i) G.R. Case No.861 of 2023, arising out of Sector-15 P.S. Case No.40 of 2023, Rourkela, offences are U/s-457, 380 of IPC, which is Pending in the court of learned S.D.J.M, Panpose, Rourkela, in which the petitioner has filed the Page 4 of 6 present bail application before this Hon'ble Court for grant of bail. (j) G.R. Case No.894 of 2023, arising out of Sector -15 P.S case No.43 of 2023 offences are U/s-457, 380 of IPC, which is Pending in court of the learned S.D.J.M, Panpose, Rourkela, and the petitioner is granted bail by the Hon'ble High Court of Orissa vide order dtd.22.03.2024 in BLAPL No. 13459 of 2023. 9. Considering the age of the petitioner which is about 22 years and as the offences alleged against him are triable by Magistrate First Class and he is in custody since 04.07.2023, I am inclined to allow the prayer for bail even though the petitioner presently has eight criminal antecedents of similar nature and details of which have been indicated in the affidavit filed by Pushpalata Mallick mother of the petitioner and paragraph 8 of this order as all the offences in all these cases are triable by a Magistrate and he has been granted bail in all the cases. 10. The petitioner Rahul Ray shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, subject to verification that the petitioner has presently only eight criminal antecedents in which he has been granted bail, including the following conditions: (i) He will not commit any offence while on bail. Page 5 of 6 (ii) He will not try to influence or threaten the prosecution witnesses. (iii) He will report before the Rourkela Sector-15 Police Station once on every alternate Sunday between 4.00 p.m. to 6.00 p.m. (iv) He will remain present in the trial Court on each date it is fixed for trial unless his appearance is dispensed with by the learned trial Court on that day. 11. Violation of any condition will entail in cancellation of bail/recall of this order. 12. The BLAPL is accordingly disposed of. 13. Urgent certified copy of this order be granted on proper application. 14. A copy of this order be supplied to Mr. M.R. Mishra, learned Addl. Standing Counsel for the State for onward transmission to the I.I.C., Rourkela Sector-15 Police Station for taking follow up steps in case of violation of any condition. Sukanta (Savitri Ratho) Judge Signature Not Verified Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 07-May-2024 20:46:33 Page 6 of 6