Bapi @ Bapina Malik And Others 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 Petitioners for grant of bail in connection with Rajnagar P.S. Case No. 142 of 2023 corresponding to G.R. Case No. 155 of 2023 pending in the Court of learned NGN-cum-JMFC, Rajnagar for commission of offence punishable Under Sections 417/420/395/506 of IPC, on the allegation of cheating and committing dacoity from the informant and taking away of Rs. 60,000/- from him.

Heard learned counsel for the Petitioners as well as Mr. S.S. Pradhan, learned A.G.A. in the matter of the present bail application.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the Petitioners and keeping in view the manner and circumstance of implication of the present Petitioners and regard being had to the pre-trial detention of the Petitioners since 02.02.2023 and the progress of investigation in the meantime and no criminal antecedent having reported against any of the Petitioners, this Court admits the Petitioners to bail.

Hence, the bail application of the Petitioners stands allowed and the Petitioners are allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two solvent sureties 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 Petitioners shall not commit any offence while on bail,

(ii) the Petitioners shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with,

(iii) the Petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case

(iv) the Petitioners shall report attendance before the jurisdiction Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 12 Noon for six (06) months from the actual date of his release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the Petitioners unnecessarily after recording their 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 petitioners 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 Petitioners in future for grave and serious offences 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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