Bijay Singh vs State Of Orissa

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 Badmal P.S. Case No.116 of 2024, corresponding to C.T. Case No.304 of 2024 pending before the learned J.M.F.C.-1, (Cog Taking), Jharsuguda for alleged commission of offence punishable under Section 307 of the 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 17.03.2024. Learned counsel for the Petitioner submitted that the investigation has progressed substantially and the final charge-sheet is likely to be filed soon. Referring to the allegation made in the FIR learned counsel for the Petitioner further submitted that the injured has sustained one simple and one grievous injury. He further contended that the injured has been discharged from hospital. He also contended that the Petitioner has two criminal antecedents. It was further submitted that the Petitioner belongs to locality 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 State on the other hand contended that the allegations made in the FIR are serious in nature. He also contended that the investigation is still on and the injured has one grievous injury. 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 fact that the Petitioner has recovered in the meantime, and the period of custodial detention, this Court is inclined to release the Petitioner on bail 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. 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 two months, thereafter appear 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.

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..

.……………………………