Chitrasen Pradhan vs State Of Odisha

A.K. Mohapatra, J

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

Heard learned counsel appearing for the Petitioner 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 Petitioner for regular bail in connection with C.T. Case No.1703 of 2023, arising out of Khandagiri P.S. Case No.565 of 2023, pending in the Court of learned J.M.F.C.-V, Bhubaneswar, for alleged commission of offences punishable under Sections 294, 324, 307 & 506 of I.P.C.

It is submitted by the learned counsel for the Petitioner that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioner is in jail custody since 05.12.2023. He further submitted that in the meantime, investigation has been concluded and charge sheet has been filed. Further, referring to the allegation made in the F.I.R., learned counsel for the Petitioner submitted that as per the F.I.R., one Trinath Bhoi had sustained three grievous injuries, as a result of which, he was admitted in hospital. He further contended that in the meanwhile injured has been discharging from hospital and he is now hale and hearty. Referring to the rejection order, learned counsel for the Petitioner submitted that the trial court has also observed that after treatment the health condition of the injured, namely, Triath Bhoi, is now normal. He further submitted that the Petitioner does not have any criminal antecedent. He also contended that the Petitioner belongs to the locality, therefore, there is no chance of his absconding. On such ground, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and conditions that would be imposed by this Court which the Petitioner shall abide by while on bail.

Learned counsel for the State, on the other hand, opposed the release of the Petitioner on bail on the ground that the injured has sustained three grievous injuries. He further submitted that in the event the Petitioner is released which would cause delay in conclusion of the trial. Therefore, learned counsel for the State submitted that the prayer for bail of the Petitioner be rejected at this juncture.

Having heard the learned counsels appearing for the respective parties and on a careful examination of the materials on record as well as the nature and gravity of the offence and further taking into consideration the period of custodial detention, this Court is inclined to release the Petitioner on bail.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.30,000/-(Rupees thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. The release of the Petitioner shall also be subject to such other terms and condition which would imposed by the Court in seisin over the matter.

Release of the Petitioner shall also be subject to verification of health condition of the injured. In the event it is found that the health condition of the injured is critical/serious, then then this order be treated as revoked.

It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner has any criminal antecedent. In the event it is found that the Petitioner is having any criminal antecedent, then this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

Issue urgent certified copy of this order as per Rules.

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