IMPORTANT POINT
Bail can be granted where case does not involve any heinous offence.

ORDER

This is a successive application under Section 439 of Cr.P.C. filed by the petitioner in connection with Jharigaon P.S. Case No.194 of 2023 corresponding to G.R. Case No.189 of 2023, pending in the file of the learned J.M.F.C., Jharigaon where charge sheet dated 08.11.2023 has been submitted against the petitioner and other co-accused persons for commission of offences under Sections 457, 380, 411/34 of IPC.

2. BLAPL No.10850 of 2023 filed by the petitioner earlier had been allowed subject to verification of his criminal antecedents. As he has one criminal antecedent, the learned Magistrate did not release him on bail. Thereafter his prayer for bail had been rejected by order dated 20.11.2023 passed by the learned Addl. District and Sessions Judge, Umerkote in B.A.No.125 of 2023. The learned court below has refused to release the petitioner on bail on the ground that he has one criminal antecedent and the petitioner and other accused persons have been utilizing the services of juveniles for commission of the crime so that it would be easier for them to be released on bail. The learned Court below has also observed that four ceiling fans stolen from the newly constructed hostel of Higher Secondary School, Jharsuguda has been recovered from the possession of the petitioner.

3. No fault can be found in the order of the learned Addl. District and Sessions Judge, Umerkote confirming the order of the learned Magistrate who refused to release the petitioner on bail as he was found to have one criminal antecedent, i.e., Jharigaon P.S. Case No.207 of 2022 under Sections 341, 294, 323, 427, 506, 34 of IPC in view of the order passed in BLAPL No.10850 of 2023.

4. The prosecution allegation in brief is that the case was registered on the information of one Shiba Prasad Pattnaik, Principal of Jharigaon HSC who has alleged that when he visited the hostel building on 18.08.2023, he found some antisocials had broken the locks and stolen away most of the ceiling fans, 03 numbers of cots, plumber items and railing items. On the same day at 2.10 pm, they found three persons coming out from the building, namely, Deepak Mohanty, Buti and Landu Mandol who were engaged in smoking ganja inside the building. During investigation, it is found that accused persons alongwith six other juveniles had occupied the hostel of the school and were indulging in nefarious activities like consuming ganja, liquor and also committed theft in respect of ceiling fans, beds, plumber items and railing items.

5. Mr. T.K.Mishra, learned counsel for the petitioner submits that it was not within the knowledge of the learned counsel for the petitioner that the petitioner has one criminal antecedent. He further submits that investigation in the case has been completed and the allegation against the petitioner in the said case is not related to a case of robbery, theft or dacoity, for which, the prayer for bail of the petitioner may be sympathetically considered. He further submits that co-accused persons have been released on bail in BLAPL No.10716 of 2023.

6. Mr. D.K.Mishra, learned Addl. Government Advocate opposes the prayer for bail stating that the petitioner and other co-accused have utilized the services of CICLs to commit theft for which the latter are involved in a case under Section 395 of IPC. As the petitioner has one criminal antecedent, he should not be released on bail.

7. Considering the nature of allegations against the petitioner, the period of detention in custody since 30.08.2023, as Jharigaon P.S. Case No.207 of 2022 does not involve any offence of theft, robbery or dacoity or any other heinous offence, as investigation has been completed and other accused persons standing on similar footing have been granted bail, I am inclined to allow the prayer for bail.

8. Let the petitioner-Abhaya @ Abhaya Kumar Swain be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, including the following c