Ashis Naik vs State Of Odisha

G. Satapathy, J

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

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Parjang P.S. Case No.11 of 2023 arising out of G.R. Case No.11 of 2023 pending in the file of learned J.M.F.C., Parjang, for commission of offence punishable under Sections 394/395 of IPC read with Section 25/27 of Arms Act, on the allegation of assisting the co-accused in committing dacoity from the Bank.

Heard Mr. P.K. Sahoo, learned counsel for the petitioner and Mrs. S.R. Sahoo, learned ASC in the present matter and perused the record.

It is informed that the present petitioner is not having any criminal antecedent and no TI parade has been conducted to identify any of the suspects and nothing was seized from the possession of the petitioner in this case, notwithstanding to the submission of learned ASC that the disclosure statement of co-accused reveals allegation against the petitioner for receiving Rs.1,60,000/- as his share from the crime. The petitioner has been detained in custody since 11.02.2023, but charge-sheet has already been submitted in this case.

In view of the above facts and taking into consideration the rival submissions made and regard being had to the lodging of FIR against three unknown persons and no TI parade having conducted in this case as per the instruction received from the IIC, Parjang and taking into account the release of co-accused Hemanta Kumar Rout on bail in BLAPL No.2659 of 2023 and last but not the least, taking into consideration the other circumstance on record in entirety, this Court admits the petitioner to bail despite him having some criminal antecedents.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only 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 shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with,

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and

(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a week preferably on a Sunday of every month in between 10 A.M. to 12 Noon for six(06) months 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  and  serious  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.

…………………………