Babu Mohapatra 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 arising out of Bellaguntha P.S. Case No.420 of 2023 corresponding to G.R. Case No.1480 of 2023 pending in the Court of learned S.D.J.M. Bhanjanagar for commission of offences punishable under Section 399/ 402 of the IPC r/w Section 25(1-B)(a)/25(6) of the Arms Act, on the allegation of assembling in an isolated place near Kokalunda Petrol Pump near (Tarini Mandir Chhaka) located on Bellaguntha to Jagannath Prasad Road being armed with deadly weapons including fire arms and preparing to commit dacoity.

Heard, Mr. Lambodor Achari, learned counsel for the petitioner and Mr. P.K.Muduli, learned AGA in the matter and perused the record. At the outset, Mr. Lambodor Achari, learned counsel for the petitioner submits before this Court that this is the first bail application of the petitioner and no bail application is pending before any other forum.

After having considered the rival submissions and taking into consideration the nature and gravity of offence alleged against the petitioner, so also the accusations sought to be brought against him and keeping in view the pre-trial detention of the petitioner in custody since 29.09.2023 with submission of charge-sheet in the meanwhile and regard being had to the other circumstance on record in entirety including no criminal antecedent being reported against the petitioner and release of co-accused Sunil Kumar Pradhan on bail in BLAPL No.14120 of 2023, this Court admits the petitioner to bail.

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) 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,

(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 and

(iv) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on 2nd Sunday of each month in between 10 A.M. to 12 Noon for three(03) months from the actual date of his 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 offence 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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