Bapi Pradhan & Another vs State Of Odisha

V. Narasingh, J

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

The petitioners are accused in connection with G.R. Case No.22 of 2023 pending before the file of learned J.M.F.C., Bhapur, arising out of Fategarh P.S. Case No.25 of 2023 for commission of alleged offences under Sections 341/323/324/354/307/294/506/34 of IPC.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Assistant Sessions Judge, Khandapara by order dated 21.02.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the petitioners are in custody since 30.01.2023 and as the petitioners are the first offenders, they may be released on bail.

It is submitted by the learned counsel that in a free fight between two groups over performing a function, the incident had taken place.

On instruction, it is submitted that the injured Akshya Parida and Santosh @ Jitu Ranjan Parida who suffered grievous injuries have recovered in the meanwhile and leading a normal life.

Learned counsel for the State opposes the prayer for bail.

Taking note of the background in which the offence was committed, this Court directs the petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

Additionally, it is directed that the petitioners shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the Court in seisin.

Before releasing the petitioners on bail, learned Court in seisin is called upon to verify the health condition of the injured referred to hereinabove. If in the assessment of the learned Court, the victims have not recovered, this order shall stand recalled.

Accordingly, the BLAPL stands disposed of.

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

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