Bichitra Pradhan vs State Of Odisha

A.K. Mohapatra, J

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

Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the materials placed before this Court.

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Mangalpur P.S.Case No.307 of 2023 corresponding to C.T.Case No.2210 of 2023 pending in the Court of the learned S.D.J.M., Jajpur for alleged commission of offence under Sections 394,457 of the Indian Penal Code read with Section 25/27 of the Arms Act.

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 languishing in custody since 08.01.2024. He further contended that in the meantime investigation has been completed and charge sheet has been submitted. Further referring to the allegation made in the F.I.R., learned counsel or the Petitioner submitted that the Petitioner has been falsely implicated in the present case. Further it is contended by the learned counsel for the Petitioner that the F.I.R. was lodged against unknown accused persons and no T.I. parade was conducted to establish the identity of the accused. He further submitted that the Petitioner has two criminal antecedents however the same are not of similar nature. On such ground, learned counsel for the Petitioner submitted that the Petitioner be released on bail onn stringent conditions.

Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the prayer for release of the Petitioner on bail on the ground that the Petitioner is having criminal antecedents. It is also contended that in the event the Petitioner is released on bail there is every possibility of his involvement in similar type of offence and also there is possibility of his abscondance in the event he is released on bail. In such view of the matter, the prayer for bail of the Petitioner be rejected.

Having regard to the facts and circumstances of the case and on careful examination of the allegation made in the F.I.R. and taking into consideration the fact that investigation has been concluded and charge sheet has been filed and no T.I. parade has been conducted in the present case, this Court is inclined to grant bail to the Petitioner and it is directed that let 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 with the following terms and conditions.

I) he shall not indulge in any offence of similar nature while on bail;

II) he shall appear before the trial court on each and every date.

III) he shall appear before the concerned P.S. once in a fortnight preferably on Sunday for a period of three months and thereafter once in a month till conclusion of trial.

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

In addition to the above, the Petitioner shall furnish a cash security of Rs.5,000/- (Rupees Five thousand) before the Court in seisin over the matter which shall be kept in interest bearing fixed deposit account in the name of the court in any nationalized bank and renewed from time to time till disposal of the case. The said deposit shall be subject to the outcome of the trial.

BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

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