Abhimanyu Pradhan @ Abhi vs State Of Odisha

M.S.Sahoo, J

Under Section 439 of Cr.P.C. the BLAPL praying for grant of bail, has been filed by the petitioner who is in jail custody in connection with Champua P.S.Case No.70 of 2023 corresponding to G.R. Case No.165 of 2023 pending in the court of the learned S.D.J.M., Champua for alleged commission of offence under Section 392 of the I.P.C.

Since by earlier BLAPL No.7436 of 2023 filed by the co-accused was disposed of by order dated 31.10.2023 arising out of self same F.I.R., the present petition has been placed before this Bench for consideration of prayer for bail in terms of Standing Order No.2 of 2023 dated 21.05.2023.

The learned counsel for the petitioner refers to the affidavit filed by the father of the petitioner dated 17.08.2023 indicating the past allegations of criminal activity against the petitioner, copy of which has been served on the learned Additional Government Advocate appearing for the State. The affidavit shall be taken on record.

It is submitted by the learned counsel for the petitioner that the petitioner is in custody since 03.06.2023 in the present case and after being arrested he was remanded in other connected cases as indicated in the affidavit. It is submitted that the petitioner being aged about 24 years he may be given a chance to come back to the community to lead a normal social life which would help him to mend his ways in view of the allegations. It is further submitted that the petitioner being a local person shall subject himself to the jurisdiction of the learned court in seisin of the matter and shall abide by all the terms and conditions that would be imposed by this Court, if the Court is inclined to grant bail to the petitioner.

Learned counsel for the State referring to the materials contained in the case diary furnished by the investigating agency and nature of allegations and the past allegations of criminal activity against the petitioner opposes the prayer for bail.

However, it is not disputed at the Bar that in the meanwhile the final prosecution report has been submitted on 02.05.2023 and also the petitioner’s young age.

Having heard the learned counsel for the petitioner, the learned counsel for the State and considering the materials on record as well as the affidavit filed on behalf of the petitioner through his father, this court is inclined to grant bail to the petitioner subject to such stringent terms and conditions that would be imposed by the learned court in seisin of the matter which shall also include the following conditions :

two solvent sureties for an amount to the satisfaction of the learned court in seisin of the matter, one of the sureties shall be a family member of the petitioner and the other shall be a near relative;

the court in seisin of the matter shall ensure and verify the credential of the sureties, the court shall direct and record its satisfaction;

the petitioner shall not in any manner make any inducement, threat or promise to the prosecution witnesses so as to dissuade them from disclosing truth before the court and shall not tamper with the evidence;

the petitioner shall not indulge himself in similar activity;

the petitioner shall surrender his passport if any, before the learned court in seisin of the matter and will not leave India without prior permission of the Court and in the event the petitioner has not been issued with any passport, he would submit an affidavit stating the said fact;

the petitioner shall appear before the concerned authority as would be so required for the purpose;

he shall appear before the police having jurisdiction of his area of residence, if directed by the learned court in seisin of the matter in the manner to be decided by the learned court;

the petitioner shall fully cooperate with the ongoing further investigation and make herself available anywhere as and when required for such purpose;

the petitioner shall be available to be contacted over mobile phone and such phone should remain active and normally not be changed, and in case of any change of mobile number of the petitioner for any bona fide reason, the same shall be communicated to the Investigating Agency;

the petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial;

the petitioner shall not indulge in any criminal activity or commission of any crime after being released on bail; and in case of his involvement in any other criminal activities or breach of any condition imposed for grant of bail, the investigating agency informant/victim shall file petition for cancellation of bail.

The BLAPL is disposed of accordingly.

Urgent certified copy of this order be granted on proper application.

It is clarified that any observations made in this order shall not be construed to be the opinion of this Court regarding the merits of the contentions that would be raised in the pending trial before the learned court in seisin by either of the parties to the present petition.

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