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2025 DAILYLAW 17062 (ORI)

JUDHISTIRA KOUSLYA@RAHUL v. STATE OF ODISHA

BLAPL/1843/2025 · 2025-03-18

R K Pattanaik

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 1843 of 2025 Judhistira Kouslya @ Rahul and another …. Petitioners Mr. B.R. Tripathy, Advocate -Versus- State of Odisha …. Opposite Party Mr. R. Pradhan, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 18.03.2025 02. 1. Heard learned counsels for the respective parties. 2. Instant petition is filed for release of the petitioners on bail in connection with C.T. Case No.90 of 2024 arising out of Koraput Town P.S. Case No.140 pending in the file of learned Additional Sessions Judge, Koraput on the grounds stated therein. 3. Perused the FIR and the rejection order as at Annexures-1 and 2 respectively. 4. From the contents of the FIR as at Annexure-1, this Court finds that a motorcycle was stolen and it was recovered from the co-accused, namely, Siba Sankar Maladi @ Siba as the receiver. Learned counsel for the petitioners submits the petitioners have been in custody since arrested and admittedly having criminal antecedents. Mr. Pradhan, learned ASC for the State reveals that the petitioners have other antecedents. But the co-accused, named above is on bail. The alleged recovery of the motorcycle has been from the said accused and not the petitioners. On the basis of a statement under Section 27 of the Indian Evidence Act, the petitioners seem to have been implicated. Considering the same and p. 2 closure of investigation with the filing the chargesheet, a copy of which is at Annexure-3 and custody of the petitioners, the Court is inclined to direct their release on bail with stringent conditions as both of them having other antecedents of similar nature. 5. Accordingly, it is ordered. 6. In the result, the petition stands allowed. As a necessary corollary, the petitioners are directed to be released on bail in connection with C.T. Case No.90 of 2024 arising out of Koraput Town P.S. Case No.140 subject to them furnishing bail bonds of Rs.50,000/- (rupees fifty thousand) each with two solvent sureties for the like amount each to the satisfaction of the learned Additional Sessions Judge, Koraput, who shall impose such other conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, they shall furnish separate undertakings at a local PS to not involve themselves in similar nefarious activities after being released and to report the IO and to continue to do so, even with the closure of investigation, at least for a period of six months, while on bail. 7. The BLAPL is disposed of. 8. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer