Basanta Bhoi And Another vs State Of Odisha

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

This is an application U/S.439 of Cr.P.C. by the petitioners for grant of bail in connection with G.R. Case No.64 of 2023 arising out of Mahabirod P.S. Case No.15 of 2023 pending in the file of learned J.M.F.C., Parjang, for commission of offences punishable under Sections 120-B/395/201 of IPC read with Section 25/27 of Arms Act, on the allegation of receiving robbed articles.

Petitioners being represented by the learned counsel Mr. A.K. Das-1, prays to grant them bail. On the other hand, Mr. S.S. Pradhan, learned AGA, however, strongly opposes the bail application of the petitioners.

After having considered the rival submissions advanced on behalf of the parties and taking into consideration the nature and gravity of accusations raised against the petitioners which is for receiving robbed articles and keeping in view the manner and circumstance of implication of the petitioners in this case and taking into account the pre trial detention of the petitioners since 09.02.2023 and regard being had to the fact that no criminal antecedent of the petitioners has been brought to the notice of the Court, 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 each 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 and

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

The I.I.C. of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording his 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 similar type of 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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