Bharat Chandra Majhi vs State Of Odisha

A.K. Mohapatra, J

This matter is taken up through Hybrid 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 relating to Barang P.S. Case No.99 of 2024, corresponding to G.R. Case No.247 of 2024, pending before the learned J.M.F.C.-II (Cog. Taking), for alleged commission of offence punishable under Sections 341, 323, 294, 325, 379, 307, 326, 506, 324 & 34 of IPC.

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 05.03.2024. He further contended that the investigation has progressed substantially and the final charge-sheet is likely to be filed soon. Learned counsel for the Petitioner further contended that the Petitioner has been falsely implicated in the present case. Further it was submitted that the injured has sustained grievous injury and he has been discharged from the hospital and is heal and hearty now. It was also contended that the Petitioner has three criminal antecedents. He further contended that the Petitioner belongs to locality and there is no chance of absconding. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition which the Petitioner undertakes to abide by while on bail.

Learned counsel for the informant on the other hand opposed the bail application of the Petitioner. He further contended that the Petitioner had assaulted the victim as a result of which the victim sustained grievous injuries.

Learned counsel for the State on the other hand supported the informant. It was also contended that the allegations made in the FIR are serious in nature. It was further contended that the Petitioner has several similar criminal antecedent and the investigation is still on, therefore, in the event he is released on bail he might abscond justice which might lead to delay in conclusion of trial. Learned counsel for the State opposed the release of the Petitioner in view of the nature and seriousness of allegation made against the Petitioner. Therefore, he submitted that the prayer for bail 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, and the seriousness and gravity of the allegation and further taking into consideration the period of custodial detention, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. The release of the Petitioner shall also be subject to following conditions:-

i) he shall not be involved in any offence of similar nature while on bail;

ii) he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever,

iii) he shall not make any default in attending the court during trial on each date without fail.

iv) he shall appear before the concerned Police Station once in a fortnight for three months, thereafter, once in a month till conclusion of the trial preferably on 'Sunday’ in between 10.00 A.M to 1.00 PM.

Violation of any of the terms and conditions shall entail cancellation of bail.

The BLAPL is, accordingly, disposed of.

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