Orissa High Court
Biki @ Bhaskar Agrawal vs State Of Odisha .... Opp. Party on 29 January, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 10884 of 2024
Biki @ Bhaskar Agrawal .... Petitioner
Mr. Manas Chand,
Advocate
-versus-
State of Odisha .... Opp. Party
Ms. S. Moharana,
ASC
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order ORDER
No. 29.01.2025
05.
1.The petitioner is an accused in connection with Jharsuguda P.S. Case No.334 of 2024 corresponding to C.T. Case No.1311 of 2024 registered for the alleged commission of offences punishable under Sections 457/380/411 of IPC, pending in the Court of the learned S.D.J.M., Jharsuguda. The petitioner had approached the learned ADJ-cum-P.O. Special Court, POCSO, Jharsuguda in BLAPL No. 493 of 2024 praying for grant of bail. The learned Court below vide its order dated 01.10.2024 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section Page 1 of 4 439 of the Cr.P.C. praying for enlargement on bail.
2. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.
3. The prosecution case is that on 02.05.2024 at 10.15 A.M. the complainant filed a written report before the police alleging therein that the petitioner, who used to work at the shop of the complainant on contractual basis, on 01.05.2024 at about 3.00 P.M., he theft the key of the house of the complainant from the shop and entered by lucking house and committed theft of gold jewellery and silver articles, i.e., gold neckless (three nos.), gold bangles (three nos.), five numbers of gold bangles, gold ear rings (ten pairs), ten gold rings, seven numbers of gold chain, two gold bracelet, three gold nose ring, one gold mangalsutra, one gold mangtika, one silver brick and cash of Rs.70,000/-, which was kept inside the almirah.
4. The co-accused in the present case has already been enlarged on bail by the learned Sessions Judge, Jharsuguda vide order dated 30.05.2024 in BLAPL No. 217 of 2024.
5. Mr. Chand, learned counsel for the petitioner submits that the role of the co-accused attributed by Page 2 of 4 the prosecution is similar to that of the present petitioner. Therefore, the petitioner is entitled to parity.
6. Ms. S. Moharana, learned Additional Standing Counsel submits that the co-accused has been granted bail, as he has no criminal antecedents, whereas the petitioner has been involving in two more similar cases. However, she submits that even if the petitioner is enlarged on bail, stringent conditions should be imposed.
7. The petitioner has been in custody since 04.05.2024.
8. Regard being had to the nature of accusation and the co-accused has already been enlarged on bail and the fact that the petitioner is in custody since 04.05.2024, I am inclined to enlarge the accused- Petitioner on bail.
9. Hence, the Petitioner is directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions:
(1) The petitioner shall appear before the IIC, Jharsuguda Police Station on every Sunday at 6.00 P.M. to 9.00 P.M. for a period of six months;Page 3 of 4
(2) The conduct of the petitioner shall be recorded by the police. In the event, the petitioner is involved in any other case; the concession of bail granted to him shall be recalled on the application of the prosecution before the trial court.
In the event, the petitioner is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit.
10. The BLAPL is accordingly disposed of.
(S.S. Mishra) Judge Ashok Signature Not Verified Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Jan-2025 18:04:29 Page 4 of 4