Orissa High Court
BLAPL/6156/2020 on 14 December, 2020
Author: D. Dash
Bench: D. Dash
BLAPL NO.6156 OF 2020
05. 14.12.2020: The matter is taken up through video conferencing
mode.
The petitioner being in custody in connection with
G.R. Case No.444 of 2019 corresponding to Gangapur P.S.
Case No.117 of 2019 on the file of learned J.M.F.C., Aska
running for alleged commission of offence under sections
394 IPC read with section 25 (1-B) of Arms Act, has filed this
application under section 439 of the Cr.P.C. for his release
on bail.
Learned counsel for the petitioner submits to have
filed the affidavit of the sister of the petitioner as regards the
cases running against this petitioner in terms of the order
dated 15.10.2020. He further submits that simply because
the petitioner was involved in one or two cases, he has been
falsely arraigned in the subsequent cases. He also submits
that in seven out of those 14 cases, order has been passed
for release of the petitioner on bail and here the allegation
stands that the petitioner with others had committed the
offence under section 395 IPC and collected a sum of
Rs.75,000/-, some certificates, money purse, mobile phone
from the pocket of the informant. He further submits that in
the meantime investigation of the case being complete,
charge sheet has been submitted and this petitioner has
remained in custody for quite a long period. In view of all
these above, he urges for grant of bail to the petitioner as
there remains no scope for the petitioner to flee from justice
and tamper the evidence.
Learned counsel for the State opposes the move.
According to him, this petitioner is having long standing
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criminal track record having involvement in commission of
similar type of offence from the year 2018 onwards. It is his
submission that the petitioner being released in one case on
bail, is unhesitatingly indulging himself in similar criminal
activities which suggests that he has taken the commission
of such type of offence as his profession.
Considering the submissions made and on going
through the materials on record as well as the order passed
by the learned District & Sessions Judge, Aska in B.A. No.
290 of 2020; further keeping in view the fact that the
learned Addl. Sessions Judge, Aska had disposed of the bail
application about six months back; this court is inclined to
dispose of the bail application granting the liberty to the
petitioner to approach the learned court in seisin of the case
afresh citing all the developments which have taken place in
the meantime for their consideration in proper perspective
and disposal of the matter in accordance with law.
The BLAPL is accordingly disposed.
..........................
D. Dash, J.
Aks