Bikram Sahu @ Kalia @ Khandi and Another vs State Of Orissa

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 petitioners for grant of bail in connection with G.R. Case No.52 of 2023 arising out of Kodala P.S. Case No.66 of 2023 pending in the file of learned J.M.F.C., Kodala, for commission of offences punishable under Sections 399/402 of IPC read with Section 25 of Arms Act, on the allegation of preparing to commit dacoity by assembling in an isolated place.

Petitioners being represented by the learned counsel Mr. J. Sahu, prays to grant them bail. On the other hand, Mr. S.S. Pradhan, learned AGA, however, strongly opposes the bail application of the petitioners.

After considering the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioners and keeping in view the manner and circumstance of implication of the petitioners in this case and regard being had to the pre trial detention of the petitioners since 10.02.2023 with submission of charge-sheet and taking into account the other circumstance on record in entirety, this Court admits the petitioners to bail.

Hence, the bail application of the petitioners stands allowed and they are allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two solvent sureties 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 petitioners shall not commit any offence while on bail,

(ii) the petitioners shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with,

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

(iv) the petitioners shall report attendance before the Jurisdictional Police Station once in a fortnight 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  petitioners  unnecessarily  after recording their 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 petitioners 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 petitioners for similar type of offences in future 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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