Ashok Barad 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 T.C. No.32 of 2015, arising out of Nirakarpur P.S. Case No.03 of 2015, pending in the Court of learned N.G.N.-cum-J.M.F.C., Tangi, for alleged commission of offence punishable under Section 395 of I.P.C.

It is submitted by the learned counsel for the Petitioner that earlier this matter was not before any other Bench of this Court. She further submitted that as per F.I.R. allegation, the occurrence is of the year 2015.He further contended that till now the investigation has not been concluded and final charge sheet has not been filed. In course of argument, learned counsel for the Petitioner submitted that some of the co-accused persons have been released on bail in the meantime. Referring to one such case, learned counsel for the Petitioner submitted that a co-accused has already been released on bail vide order dated 09.11.2016 passed by this Court in BLAPL No.6072 of 2016. So far the present Petitioner is concerned, it was submitted that the Petitioner has no knowledge about the pendency of the case and he was never summoned in the present case, however, on the basis of N.B.W., the Petitioner has been arrested on 17.01.2024 and since then he is languishing in jail custody. She further contended that since co-accused persons have been released on bail and charge sheet has not been filed, there is no possibility of early conclusion of trial, the Petitioner be released on bail on any terms and conditions which he shall abide by.

Learned counsel for the State, on the other hand, submitted that the allegations made in the F.I.R. are serious in nature. It is further contended that although occurrence of the year 2015, the Petitioner never appear before the court and finally on the basis of N.B.W., he has been arrested in the present case. On such ground, learned counsel for the State submitted that in the event the Petitioner is released on bail, there is possibility he might abscond from justice and same eventually cause delay in conclusion of the trial. Therefore, it is submitted that the prayer for bail of the Petitioner be rejected at this juncture.

Having heard the learned counsels appearing for the respective parties and on a careful examination of the case diary and materials on record and the fact that the occurrence is of the year 2015 and some of the co-accused persons have been released on bail in the meantime, this Court is inclined to release the Petitioner on bail.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.40,000/-(Rupees forty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. The release of the Petitioner shall also be the condition that he shall not indulge in any criminal offence while on bail; he shall cooperate with the investigation and appear before the I.O. as and when his presence is required; he shall appear before the court below on each and every date of posting of the case; he shall not leave the jurisdiction of the court without taking permission of the court; he shall not tamper with the prosecution evidence; and shall not make any attempt to influence or gain over the prosecution witnesses in any manner whatsoever. Violation of any of the conditions shall entail cancellation of bail.

The BLAPL is, accordingly, disposed of.

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

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