Bhima Sodi And Another vs State Of Orissa

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 Mathili P.S. Case No. 33 of 2021 corresponding to C.T. Case No. 27 of 2022 pending in the Court of learned Additional Sessions Judge, Malkangiri for commission of offences punishable Under Sections 147/148/120-B/121/121-A/122/124-A/307/333/332/149 of IPC r/w Sections 13/16/18/20 of UAP Act/Sections 3/4/5/6 of E.S. Act/Sections 25/27 Arms Act and Section 17 of Criminal Amendment Act, on the allegation of firing at BSF Troops and planting IED which blew off causing injury to two of the BSF personnel.

Heard, Mr. J.K. Panda, learned counsel for the Petitioners as well as Mr. R.B. Mishra, learned AGA in the matter of the present bail application and perused the record.

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 mode and the nature of omnibus allegation appearing against the Petitioners in the form of their involvement with Naxals and regard being had to the FIR lodged against unknown persons and taking into account the pre trial detention of the Petitioners since 12.04.2021 and further taking into consideration the other circumstance on record in entirety including release of co-accused persons Gangu Padiami and another on bail in BLAPL No. 2664 of 2023 and Deba Kartamii in BLAPL No. 3393 of 2023, 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.1,00,000/- (Rupees One Lakh) only 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 appear before the Court in seisin of the case on each and every date of posting without fail unless their attendance is disposed with. In case the Petitioners fail without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.229-A of IPC in accordance with law,

(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 three (03) 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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