Baishnba Behera @ Baisnab Behera 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.67 of 2024, arising out of Khurda (Model) P.S. Case No.35 of 2024, pending in the Court of learned S.D.J.M., Khurda, for alleged commission of offence punishable under Section 341 / 323 / 325 / 326 / 307 / 294 / 506 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. He further submitted that the Petitioner is in jail custody since 19.01.2024. He further submitted that investigation has been concluded and final charge sheet has been filed. Further, referring to the allegation made in the F.I.R., learned counsel for the Petitioner submitted that the injured has sustained grievous injuries, however, he has been discharged from hospital in the meantime and the health condition of the injured is stable. It is also contended that the Petitioner is a young boy of aged about 19 years and he does have any criminal antecedent. He further submitted that the Petitioner belongs to the locality, therefore, there is no chance of his absconding. On such ground, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and conditions that would be imposed by this Court which the Petitioner shall abide by while on bail.

Learned counsel for the State, on the other hand, opposed the release of the Petitioner on bail on the ground that the allegation made against the Petitioner is serious in nature. He further contended that in the event the Petitioner is released on bail, there is every possibility that he might indulge in similar offence. On such ground, learned counsel for the State submitted that the prayer for bail of the Petitioner be rejected on bail.

Having heard the learned counsels appearing for the respective parties and on a careful examination of the materials on record as well as taking into consideration the fact that the injured has already been discharged from the hospital and he is now hale and hearty, 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.30,000/-(Rupees thirty thousand) with two local solvent sureties for the like amount to the satisfaction of the Court in seisin over the matter. Further, the release of the Petitioner shall also be subject to the following condition:-

I) He shall not indulge in similar offences while on bail;

II) He shall appear before the trial court on each and every date of posting of the case; and

III) He shall not harass, threaten or terrorise the injured and his family members or any of the prosecution witnesses while on bail.

Violation of any of the aforesaid terms and conditions shall entail cancellation of bail.

It is open to the Court in seisin over the matter to impose any other conditions as may be deemed just and proper.

It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner has any criminal antecedent of similar nature. In the event it is found that the Petitioner is having any criminal antecedent of similar nature, then this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

Issue urgent certified copy of this order as per Rules.

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