Bijuli Behera vs State Of Odisha

G. Satapathy, J

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

This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with C.T. Case No. 279 of 2023 arising out of Soro P.S. Case No.131 of 2023 pending in the file of learned J.M.F.C., Soro for commission of offences punishable under Sections 326(A), 302, 201, 120(B) of the IPC on the allegation of supplying acid to co-accused persons to commit murder of the deceased persons.

Heard Mr.D.P.Dhal, learned Senior Counsel for the petitioner and Mrs.S.R.Sahoo, learned ASC in the matter and perused the record.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the mode and manner of implication of the petitioner in this case and regard being had to the pre-trial detention of the petitioner since 04.03.2023 with submission of charge sheet and taking into account the age of the petitioner to be 63 years and last but not the least, the specific allegation against the petitioner being for supplying acid to co-accused persons on payment of money and the main allegation of committing murder and throwing acid being directed against co-accused persons who are not petitioner in this case and taking into account the materials placed on record in entirety, this Court admits the petitioner to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) 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 petitioner shall not commit any offence while on bail;

(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with;

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and

(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in every week preferably on a Sunday in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his 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 petitioner 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 petitioner for any offence in future on prima facie accusations may be treated as a ground for cancellation of bail. However, this order would not constitute a precedent for grant of bail to co-accused persons.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of the order be granted on proper application.

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