Ajit Kumar Nayak vs State Of Odisha

A.K. Mohapatra, J

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

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with G.R. Case No.409 of 2024, arising out of Maidalpur P.S. Case No.45 of 2024, pending in the Court of learned SDJM, Nabarangpur for alleged commission of offence punishable under Sections 341/323/324/325/ 307/34 of I.P.C.

Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 29.04.2024. He further contended that investigation has been progressed substantially in the meantime. Further contended that the injured sustained simple injury. Further contended that the Petitioner does not have any criminal antecedents. In such view of the matter learned counsel for the Petitioner contended the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that the investigation is still on. Further in the event the Petitioner is released on bail, the same would cause delay in conclusion of the trial. Therefore, on such ground, learned counsel for the State submitted that the bail application of the Petitioner be rejected at this juncture.

Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.

It is further directed that the bail granted to the petitioner is subject to verification of similar criminal antecedent and injury report. In the event, the Petitioner is having more than two criminal antecedents and the injuries sustained by the injured are grievous in nature, then this order stands automatically revoked.

The BLAPL is, accordingly, disposed of.

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