Champian Pardi vs State Of Odisha

A.K. Mohapatra, J

This matter is taken up through Hybrid mode.

Heard learned counsel appearing for the Petitioners 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 Petitioners for regular bail relating to Jharsuguda P.S. Case No.356 of 2023, corresponding to C.T. Case No.1178 of 2023, pending before the learned S.D.J.M., Jharsuguda, for alleged commission of offence punishable under Sections 457 & 380 of IPC.

Learned counsel for the Petitioners submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioners that the Petitioners are on remand since 17.01.2024. Learned counsel for the Petitioners further contended that the investigation has been completed and the final charge-sheet has been filed. Further it was contended that initially the FIR registered against unknown accused persons. He also contended that the Petitioner have three other criminal antecedents. He also submitted that the Petitioners do not belong to State of Odisha, therefore, they will ready and willing to abide by any terms and conditions while on bail. In such view of the matter, learned counsel for the Petitioners submitted that the Petitioners be released on bail on any terms and condition which the Petitioners undertake 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. It was further contended that the Petitioners are outsider, therefore, in the event he is released on bail he might abscond justice which might lead to delay in conclusion of trial. Learned counsel for the State opposed the release of the Petitioners in view of the nature and seriousness of allegation made against the Petitioners. Therefore, he submitted that the prayer for bail of the Petitioners 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 period of custodial detention, this Court is inclined to release the Petitioners on bail on furnishing each of a bail bond of Rs.30,000/- (Rupees Thirty 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 Petitioners shall also be subject to following conditions:-

i) The Petitioners shall also file an affidavit before the Trial Court indicating therein their residential details and other details like Aadhar No., Phone No. before the jurisdictional police station and the release of the Petitioner shall be subject to verification of the aforesaid details and such details as would be furnished by any relative of the Petitioner in the shape of an affidavit.

ii) they shall not be involved in any offence of similar nature while on bail;

iii) they shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever,

iv) they shall not make any default in attending the court during trial on each date without fail.

Violation of any of the terms and conditions shall entail cancellation of bail.

The BLAPL is, accordingly, disposed of.

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