Bikram Mallik @ Mallick vs State Of Odisha Vs

G. Satapathy, J.

This is an application U/S.439 of CrPC by the petitioner for grant of bail in connection with Badagada P.S. Case No.05 of 2011 corresponding to S.T. Case No.176 of 2024 (G.R. Case No. 07 of 2011) pending in the file of learned Addl. Sessions Judge, Bhanjanagar, Ganjam, for commission of offences punishable U/Ss.120-B/121/121-A/124-A/435/427 of IPC r/w. Sections 10/13/16/18-A/20/39/40 of UAP Act and Section 17 of Crl.L.A. Act, on the main allegation of burning the Hitachi machine bearing No.EX70 engaged for construction work along with co-accused persons.

Heard, Mr. Prasanta Kumar Jena, learned counsel for the petitioner and Mr. M.K. Mohanty, learned Addl. Public Prosecutor in the matter and perused the record.

It is not in dispute that the FIR has been lodged against unknown persons, but it is, however, stated by the learned State Counsel that the petitioner is having a number of criminal antecedents and he belongs to maoist organization, but the learned Addl. PP could not dispute about grant of bail to co-accused persons in this case. Law is fairly well settled that merely because a person is having some criminal antecedents, he cannot be detained in custody for an indefinite period, unless a prima facie case is made out against him and in case, there is no prima facie case for any offence, the petitioner still can be directed to be released on bail even he is having some criminal antecedents, which flows from Article 21 of the Constitution of India.

In view of the above facts and after having considered the rival submissions and on going through the materials placed on record and regard being had to the mode, manner and circumstance of implication of the present petitioner in this case and taking into account the other circumstances on record in entirety including the pre-trial detention of the petitioner in custody since 09.07.2024 and his conduct in surrendering to the Court and keeping in view grant of bail to co-accused persons including accused Siladatya Singh in BLAPL No. 1955 of 2021 & Abello Gamango in BLAPL No.1456 of 2021, this Court without expressing any view on merits, 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) 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 petitioner shall not commit any offence while on bail,

ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.269 of BNS,2023 in accordance with law and

(iii) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on a Sunday in each month in between 10 A.M. to 12 Noon for six (6) months from the actual date of release from the custody.

The IIC 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 in future for any grave/similar offence 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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