N. RABIN Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is the second application of the petitioner under Sec. 439 of Cr.P.C. for grant of bail to the petitioner in connection with Sahadevkhunta P.S. Case No. 330 of 2023 corresponding to C.T. Case No. 665 of 2023 pending in the court of the learned S.D.J.M., Balasore, where chargesheet dtd. 4/11/2023 has been filed under Ss. 379, 186, 120 (B) and 34 of IPC against the present petitioner, co-accused Mohan Pradhan, co-accused J. Chandu and Akshay Kumar Panda keeping further investigation open.

(2.) The petitioner is in custody since 14/9/2023. His prayer for bail in BLAPL No.11479 of 2023 had been rejected as he had a number of criminal antecedents while that of co-accused J. Chandu had been allowed.

(3.) Report dtd. 6/3/2024 of the learned S.D.J.M., Balasore reveals that final chargesheet has been filed against the present petitioner, co-accused J. Chandu, Mohan Pradhan, A. Chanti, A. Ranjit Rao, A. Rabi Rao and Akshay Kumar Panda and A. Chanti, A. Ranjit Rao and A. Rabi Rao have been shown as absconders. On 19/2/2024, the petition under Sec. 239 of the Cr.P.C. filed by co-accused Akshay Kumar Panda has been allowed and he has been discharged and the case has been adjourned to 4/3/2024 for production of the absconding accused persons but on 4/3/2024 though the present petitioner was produced before the Court, no steps were taken on behalf accused J. Chandu and Mohan Pradhan for which the case has been split up against them and warrant of arrest has been issued against them and the original C.T. Case No. 665 of 2023 is proceeding only against the present petitioner. Charge has been framed under Sec. 379/34 of the IPC against the petitioner and the case is posted to 19/3/2024 for trial and summons have been issued to the prosecution witnesses.