Dambu@ramesh Behera 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 Puri G.R. Case No.829 of 2023, arising out of Baseli Sahi P.S. Case No.259 of 2023, pending in the Court of learned JMFC-II, Puri for alleged commission of offence punishable under Sections 399, 402, 294, 353, 506 of IPC read with Section 27/25(6) Arms Act.

Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since

11.2023. He further contended that in the meantime investigation has been concluded and the final charge sheet has already been filed. He further contended that one of the co-accused, namely, Dipu Behera, has already been released on bail in B.A. No.21/52 of 2024 on 18.01.2024 by the 1st Additional Sessions Judge, Puri. So far the present Petitioner is concerned, it is submitted that the bail application of the Petitioner has been rejected only on the ground that the Petitioner is having several criminal antecedents. It was further contended that the Petitioner does not have any criminal antecedents since 2022 onwards. In such view of the matter learned counsel for the Petitioner contended the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that the allegations made in the F.I.R. are very serious in nature. He further contended that the Petitioner is having several criminal antecedents, there is a possibility of the Petitioner is indulging in similar criminal offences, cannot be ruled out at this stage. Therefore, on such ground, the bail application of Petitioner 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, further taking into consideration the seriousness gravity of the allegation couple with the fact that a co-accused person has already been released on bail, further this Court keeping in view the criminal antecedents of the present petitioner is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.40,000/- (Rupees Forty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter shall be subjection to following other conditions:-

I) he shall not indulge in similar nature of offences while on bail;

II) shall cooperate with the early conclusion of the trial and appear before the Trial Court on each and every date fixed by the Court without fail;

III) shall not harass, threaten, terrorize, influence any of the prosecution witnesses and shall make no attempt to tamper with the prosecution evidence; and

IV) shall appear before the jurisdictional Police Station once in a week preferably on Sunday in between 10.00 A.M. to 1 P.M. for a period of two months, thereafter once in a fortnight for a period of two months, thereafter once in a month till conclusion of the trial.

Violation of any other conditions shall entail cancellation of the bail application.

It is further directed that the bail granted to the Petitioner is subject to depositing a cash security of Rs.5,000/- (Rupees Five Thousands) of before the learned Court in seisin over the matter, which shall be kept in any Nationalized bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case

The BLAPL is, accordingly, disposed of.

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