Balaram Biswal vs State Of Odisha

A.K. Mohapatra, J

This matter is taken up through Hybrid 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 relating to Balasore P.R. No.6 of 2024,, corresponding to 2(a) CC No.100 of 2024, pending before the learned SDJM Nilgiri for alleged commission of offence punishable under Section 52(a)(i) of O.E. Act.

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 10.04.2024. It was also contended that the investigation has progressed substantially and the final charge-sheet is likely to be filed soon. Learned counsel for the Petitioner further contended that as per allegation of the FIR, the total quantity of 1100 ltrs of I.D. liquor has been recovered from the possession of the present Petitioner. He also submitted that the Petitioner falsely implicated in the present case. It was also contended that the Petitioner does not have any similar criminal antecedent. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition which the Petitioner undertakes to abide by while on bail.

Learned counsel for the State on the other hand contended that the allegations made in the FIR are serious in nature. It was further contended that the investigation is still on, in the event he is released on bail he might abscond from justice which might lead to delay in conclusion of trial. Learned counsel for the State opposed the release of the Petitioner in view of the nature and seriousness of allegation made against the Petitioner. Therefore, he submitted that the prayer for bail 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, and the fact that the Petitioner does not have any similar criminal antecedents, and the period of custodial detention, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.

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

It is open for 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 is having any similar criminal antecedent. In the event it is found that the Petitioner is having similar any criminal antecedent, this bail order shall automatically stand revoked. Violation of any of the terms and conditions shall entail cancellation of bail.

The BLAPL is, accordingly, disposed of.

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