Balaram Meher vs State Of Odisha

V. Narasingh, J

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is an accused in connection with C.T. Case No.140/97 of 2022, pending in the Court of the learned Additional Sessions Judge, Bargarh, arising out of Barpali P.S. Case No.211 of 2022, for commission of alleged offences under Sections 498-A/498-B/498-C/498-D/120-B of IPC.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Bargarh by order dated 21.05.2024 in the aforementioned case, the present BLAPL has been filed.

This is the fourth journey of the Petitioner to this Court. The Petitioner was released on bail by order dated 31.10.2022 in BLAPL No.10018 of 2022 subject to verification of criminal antecedent. Since the Petitioner had criminal antecedents and consequentially not released on bail, he approached this Court in BLAPL No.2529 of 2023 and by order dated 20.04.2023 he was directed to be released on bail taking into account the criminal antecedents which are placed on record. Since the submission relating to the criminal antecedents were found to be incorrect, the Petitioner could not released and thereafter his bail application was rejected by order dated 21.08.2023 in BLAPL No.7975 of 2023.

It is submitted by the learned counsel for the Petitioner that there were no willful laches or negligence in not placing the correct position relating to the criminal antecedents and this has occasioned because of communication gap between the deponent of the affidavit filed before this Court and the Petitioner, in custody. It is prayed that the same ought not to be held against him.

Learned counsel for the State on the other hand keeping in view the punishment prescribed submits that since the Petitioner has criminal antecedent of similar nature, he ought not to be released on bail.

Learned counsel further submits that as rightly noted by this Court while rejecting the earlier bail application of the Petitioner that since he has been taking prevaricating stand regarding criminal antecedent, no indulgence ought to be shown.

On instruction, learned counsel for the Petitioner submits that examination of witnesses has not commenced.

Taking note of the same and since the Petitioner has his home and hearth within the territorial jurisdiction of the learned Court in seisin, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

Additionally, it is directed that Petitioner shall appear before the jurisdictional police station twice every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rules.

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