B.dharma Patra vs State Of Odisha

A.K. Mohapatra, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical 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 in connection with B.A. No.

461 of 2024, arising out of Golanthara, Berhampur P.S. Case No. 115 of 2024, pending in the Court of learned Sessions Judge, Ganjam, Berhampur for alleged commission of offence punishable under Sections 294/323/34/341/379/427/435/452 of I.P.C. read with u/s. 3 & 4 of the Explosive Substances Act, 1908.

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 22. 04.2024. He further contended that the investigation has been progressed substantially. Further contended that due to political rivalry, there exist a dispute between two groups, as a result of which the petitioner groups’ had initially lodged an F.I.R. against the informant group as registered as Golanthara P.S. Case No.114 of 2024 under Section 307, 324, 326, 34, 341 read with Section 27 Arms Act. The present case is the counter case to the F.I.R. registered by the Petitioner against the informant group. He further contended that the Petitioner does not have any criminal antecedent. In such view of the matter learned counsel for the Petitioner contended the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that the investigation is still on and allegations made in the F.I.R. are very serious in nature. Further, in the event the Petitioner is released on bail, he might abscond. Therefore, on such ground, learned counsel for the State submitted that the bail application 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, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case 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 with further conditions that:-

I. The petitioner shall not indulge in criminal offences while on bail;

II. shall cooperate with the investigation and appear before the Investigating Officer as and when required for the purpose of investigation;

III. he shall not default in attendance of the court during trial on each date of posting; and

IV. shall not harass, threaten, terrorize the informant group. Violation of any of the terms and conditions shall entail cancellation of the bail.

It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper.

The BLAPL is, accordingly, disposed of.

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