High CourtsSingle Bench

Budu @ Litu @ Paramjit Sahoo vs State Of Odisha

Orissa High Court · Decided on 28 July 2023 · Citation: (2023) 07 OHC CK 0247

HON’BLE JUDGES
G. Satapathy, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 437, 439 · Indian Penal Code, 1860 — Section 34, 109, 294, 344, 363, 366, 506
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 3935 Of 2023
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Judgment

15 paragraphs · 460 words

G. Satapathy, J

1.

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

2.

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. 51 of 2023, arising out of Tigiria P.S. Case No.53 of 2023 pending in the file of learned J.M.F.C., Tigiria for commission of offences punishable under Sections 363/506/34 of IPC, but subsequently charge sheeted for the offence punishable U/Ss. 363/ 366/ 344/ 294/ 109/34 of the IPC, on the main allegation of kidnapping the victim, along with co-accused persons and compelling her to marry with him.

3.

Heard Mr. P. Panigrahi, learned counsel for the petitioner and Mr. S.S. Pradhan, learned AGA in the matter and perused the record.

4.

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 pre-trial detention of the petitioner since 23.03.2023 with submission of charge sheet and regard being had to the other circumstance on record in entirety including the rescue of victim, this Court admits the petitioner to bail.

5.

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 local 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 a fortnight preferably on 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 similar offence in future on prima facie accusations may be treated as a ground for cancellation of bail.

6.

Accordingly, the BLAPL stands disposed of.

7.

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

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