Orissa High Court
Sakil Khan & Anr vs State Of Odisha .... Opp. Party on 23 August, 2024
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2572 of 2024
An application under Section 439 of the Code of Criminal
Procedure, 1973.
Sakil Khan & Anr. .... Petitioners
Mr. Gautam Mukherji, Senior Advocate
along with
Mr. Soumya Dev Ray, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. A.P.Das, ASC
CORAM:
JUSTICE A.K. MOHAPATRA
_____________________________________________________
Date of hearing : 27.06.2024 | Date of Order: 23.08.2024
______________________________________________________
A.K. Mohapatra, J. :
1. The above named petitioners who are languishing in jail custody since 31.01.2024, have approached this Court for their release on bail by filing the present application under Section 439 Cr.P.C.
2. The present application arises out of Nabarangpur P.S. Case No.60 of 2024 which corresponds to G.R. Case No.245 of 2024 pending in the court of learned S.D.J.M., Nabarangpur for Page 1 of 7 commission of alleged offences under Sections 457/380/436/186/ 353/ 506/34 of IPC read with Section 4 of PDPP Act and Sections 25, 27 and 28 of Arms Act, although, the F.I.R. was initially registered for commission of offences under Sections 457/380/ 436/34 of IPC read with Section 4 of PDPP Act.
3. The prosecution case, as unfurled from the F.I.R., is that on 31.01.2024 the Chief Manager, SBI, Nabanrangpur Branch, as informant, inter alia alleged that on the previous night some unknown accused persons have committed robbery by damaging and ATM counter of the SBI near the block office and have committed theft of a total cash of Rs.19,50,100/-. It has been alleged that the CCTV footage reveals that 3-4 unknown persons were involved in the commission of the alleged crime. As a result of which, the F.I.R. was registered against unknown accused persons for commission of the offences as has been narrated hereinabove.
4. The case diary further reveals that during the course of the investigation and on verification of CCTV footage as well as the on the basis of the confessional statements of co-accused persons, the petitioners were arrested and forwarded to the court of learned S.D.J.M., Nabarangpur. The bail application of the Page 2 of 7 petitioners bearing B.A. No.32 of 2024 having been rejected by the learned Sessions Judge, Nabarangpur vide order dated 05.03.2024, the petitioners have approached this Court by filing the present bail application.
5. Mr.G.Mukherji, learned Senior Counsel, representing the petitioners, at the outset, argued that the present petitioners are in no way connected with the alleged crime and that they have been implicated in the present case on the basis of mere suspicion and their own confession. He further contended that the F.I.R. in the present case was registered against unknown accused persons. Since the petitioners have been implicated on the basis of their confession, learned Senior Counsel for the petitioners contended that such confession made by the accused before the police is inadmissible in law and as such, the petitioners cannot be implicated in the present crime on the basis of such evidence.
6. Learned Senior Counsel for the petitioners would further argue that nothing was seized from the possession of the present petitioners to implicate them in the alleged crime. He further submitted that although the petitioners do not belong to State of Odisha, however, they are ready and willing to abide by any terms and conditions that would be imposed by this Court in the Page 3 of 7 event they are released on bail. He further contended that the Petitioners do not have any similar criminal antecedent.
7. Learned Additional Standing Counsel for the State on the other hand submitted that there exists a strong prima facie case against the present petitioners. Such prima facie case is based on the evidence on record. He further contended that the evidence collected so far by the prosecution clearly reveals that the accused persons came to Nabarangpur Town from Raipur in a TATA Nexon Car having a fake Number plate in a pre-planned manner with gas cutter, oxygen cylinder and other materials to commit robbery at the ATM counter of the concerned bank. In the process all the accused persons have colluded, conspired and as per their prior planning committed robbery at early morning hours on 31.01.2024 and looted cash amount of Rs.19,50,100/- from the ATM counter in question.
8. Learned Additional Standing Counsel for the State further stated that the investigation further reveals that after commission of crime the accused persons decamped from the spot with the looted cash by loading the same in the car. While the accused persons were leaving the spot after committing the crime, they were chased by the Dabugaon police. The accused persons Page 4 of 7 managed to enter inside the nearby forest and brandished pistol to police personnel. Eventually, the police team succeeded in nabbing some of accused persons and in their presence recovered sum of Rs.15,97,200/- from their possession. Learned Additional Standing Counsel further expresses his apprehension to the effect that in the event the petitioners are released on bail their exists every likelihood that they might indulge in similar nature of offences, and since the petitioners do not belong to State of Odisha, there is every likelihood that they might abscond from justice which would cause delay in the conclusion of the investigation as well as the trial.
9. On a careful analysis of the prosecution case, as well as the materials on record, further keeping in view the fact that the F.I.R. was lodged against unknown accused persons and that the petitioners do not have any similar criminal antecedent, this Court is inclined to release the petitioners on bail subject to stringent conditions as the accused persons do not belong to State of Odisha.
10. Accordingly, it is directed that the Petitioners be released on bail on furnishing a bail bound of Rs.50,000/- (Rupees Fifty Thousands only) each with two local solvent sureties each for the Page 5 of 7 like amount each to the satisfaction of the court in seisin over the matter. The release of the Petitioners shall also be subject to the following conditions:-
I) The Petitioners shall also file an affidavit before the Trial Court indicating therein their respective residential details and other details like Aadhar No., Phone No. before the jurisdictional police station. Further, release of the Petitioners shall be subject to verification of such details as would be furnished by any relative of the Petitioners in the shape of an affidavit. II) shall not be involved in any offence of similar nature while on bail;
III) shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever;
IV) shall not make any default in attending the court during trial on each date without fail; V) shall appear before the concerned Police Station once in a fortnight for a period of six months preferably on 'Sunday' in between 10.00 A.M. to 1.00 P.M. Violation of any of the terms and conditions shall entail cancellation of bail.
11. It is further directed that the bail granted to the Petitioners be subject to the condition that the court below shall verify the criminal antecedent of the Petitioners. In the event the Page 6 of 7 Petitioners are having any similar criminal antecedent, this bail order shall automatically stand revoked.
12. It is further clarified that the Court in seisin of the case is at liberty to cancel the bail granted to the petitioners without further reference to this Court, if any of the above conditions are violated or a case for cancellation of the bail is otherwise made out by the prosecution.
13. With the aforesaid terms and conditions, the bail application of the Petitioners stands allowed.
(A.K. Mohapatra) Judge Orissa High Court, Cuttack The 23rd August, 2024/ Anil, Jr. Steno Signature Not Verified Page 7 of 7 Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 27-Aug-2024 14:12:16