Bail Application No.28 of 2017.

Sl.No.2,dt.7.2.2017.
This is a bail application under Section 439 of Cr.P.C. filed
by the accused petitioner namely Santosh Oram being implicated U/Ss.
399 and 402 of I.P.C. in G.R. No. 4 of 2017 arising out of Loisingha
P.S.Case No.5,dated 5.1.2017 on the file of learned J.M.F.C.,Loisingha.
Heard the learned counsel for the accused-petitioners as well as the
learned P.P. in the matter of present bail application and perused the
record.
The prosecution case is on 5.1.2017 while Sri D.Meher, SI
of Police, Loisingha P.S. was performing patrol duty along with his staff at
about 1.20 A.M. found one Bolero Max vehicle bearing Regd No.OR 15
C 6084 and one Nano car without number with some unknown culprits
near Burda railway line and conspiring themselves to commit dacoity.The
police personals chased the culprits and could able to apprehend the
present two accused persons namely Gulthu @ Sharat Kalet and Sesha
@ Datya Bisi, who confessed that they were preparing for committing
dacoity in respect of battery, valuable instruments from the telephone
towers situates at Loisingha Basti areas as well as residential houses of
reach persons. The present accused-petitioner was arrested and
forwarded to court on 22.1.2017 in custody.

The learned defence counsel submitted that the

allegations are false, frivolous and vexatious. That the petitioner is
innocent and completely ignorant of the alleged offences leveled against
him. The petitioner has not committed the offences as alleged against
him and the police has foisted this case falsely. The bail petitioner is
the only earning members of his family and he has `been falsely
implicated in this case . So, he may be released on bail.

On the contrary, the learned P.P. vehemently objected the

bail application on the ground that the accused –petitioner is involved in
a serious offence. If he would be released on bail, there is every chance
that he shall threaten the prosecution witnesses. Thus, he prayed before
the court not to admit the accused-petitioner on bail.
 After hearing the parties, upon perusal of the record, it is
found that the accused petitioner is in jail custody since 22.1.2017 in
connection with this case. As such the accused- petitioner must have felt
the rigors of law. Little scope is left for the bail petitioner not to tamper
with the prosecution evidence since investigation has progressed
substantially in the mean time. The bail petitioner is residing at
Khetrajpur of Sambalpur town. Hence, his attendance can be procured
easily.

Taking into consideration the above aspects and regard

being had to the period of detention of the accused petitioner, this court
feels it proper to enlarge the accused-petitioner on bail.

Hence, the prayer for bail of the bail petitioner namely

Santosh Oram is allowed and he be released on bail on his executing
bail bond of Rs. 25,000/- (rupees twenty five thousand) only with one
solvent surety for the like amount to the satisfaction of the learned
J.M.F.C.,Loisingha with the conditions:

i. he shall not commit similar type of offence while on bail;

ii. he shall not directly or indirectly make any inducement,

threat or promise to the witnesses so as to dissuade them from
disclosing such facts to the court or tamper with the evidence.

iii. he shall appear before the I.O. as and when required for
the purpose of investigation till submission of charge-sheet.

Violation of any of the above conditions shall entail cancellation of

bail.

Send back the LCR along with an extract of this order to the
learned court of J.M.F.C., Loisingha

(Dictated)

Sessions Judge, Balangir.