Abhishek Jena vs State Of Orissa

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

This is the second successive bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Chandanpur P.S. Case No.261 of 2022 corresponding to S.T. Case No.46/565 of 2023 pending in the file of learned 2nd Addl. Sessions Judge, Puri for commission of offences punishable U/Ss. 302/307/120-B /34 of IPC & Section 25/27 of Arms Act, on the allegation of firing at the injured and the deceased by entering into conspiracy with co-accused persons.

Heard, Mr.A.Rath, learned counsel for the petitioner and Mr.S.S.Pradhan, learned AGA in the matter and perused the record. Mr.A.Rath, learned counsel for the petitioner submits before this Court that this is the second bail application of the petitioner and no bail application of the petitioner is pending before any other forum.

It is brought to the notice of the Court that 25 out of 58 witnesses have already been examined in this case, but learned counsel for the petitioner has filed the free copy of deposition of 20 witnesses including that of star-cum-injured eye witness P.W.20-Nilu Baral who has not supported the prosecution case, so also the father of the deceased PW.10-Kailash Baral has not supported the prosecution case. Further, the petitioner is in custody since 15.11.2022 and in the meanwhile more than one and half years have elapsed, but the trial is yet to be concluded.

In view of the above facts, especially when till examination of 20 witnesses, no incriminating material has surfaced against the petitioner and more particularly when the injured eye witness has not supported the prosecution case and regard being had to the release of co-accused Netrananda Samantray, Mithun Bhoi & Rajesh Mahamad on bail in BLAPL Nos. 3225, 3288 & 6481 of 2023, this Court without expressing any opinion on the merits of the case grants bail to the petitioner.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioner shall not commit any offence while on bail,

(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law and

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving his present address of stay.

(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on a Sunday in between 10 A.M. to 12 Noon for six (06) months or till conclusion of trial whichever is earlier, from the actual date of release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for grave/similar type of offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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