Bhuja Hans 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 C.T. Case No.296 of 2024, arising out of Bhawanipatna Town P.S. Case No.102 of 2023, pending in the Court of learned S.D.J.M., Bhawanipatna for alleged commission of offence punishable under Sections 341/323/307 of I.P.C.

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 01.03.2024. He further contended that investigation has been concluded and charge sheet has been filed. Further, referring to the F.I.R., learned counsel for the Petitioner submitted that the injured has sustained five injuries out of which one injury is grievous in nature. Further, the injured has been discharged from the hospital after preliminary examination. Further contended that the injured himself has lodged this F.I.R. Although the Petitioner is having five criminal antecedents, he is ready and willing to abide by any conditions which imposed by this Court in the event he is released on bail.

Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that the Petitioner is having several criminal antecedent. Further contended that one injury which was sustained by the injured is grievous in nature. 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.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.

It is further directed that the bail granted to the Petitioner is subject to depositing a cash security of Rs.5,000/- (Rupees Five Thousands) of before the learned Court in seisin over the matter, which shall be kept in any Nationalized bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case.

The BLAPL is, accordingly, disposed of.

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