Dhirendra Das 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.101 of 2024, arising out of Jaleswar P.S. Case No.76 of 2024, pending in the Court of learned J.M.F.C., Jaleswar for alleged commission of offence punishable under Sections 294/ 323/ 324/ 341/ 354/ 379/ 506/34 of IPC.

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 jail custody since 21.05.2024. He further contended that one of the co-accused has already been released on bail by the trial court in the meantime. So far the present Petitioner is concerned, his bail application has been rejected by the trial court on the ground that the Petitioner is having one criminal antecedent. Further, referring to the allegation made in the F.I.R., learned counsel for the Petitioner submitted that although the injured has sustained one injury on his head, however he was discharged on the very same day from the hospital day. He further submitted that the matter has been compromised between the parties in the meantime. Accordingly, an affidavit was filed before the trial court to that effect. 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 Additional Standing Counsel, on the other hand, opposed the release of the Petitioner on bail on the ground of investigation is still on. He further contended that the Petitioner is having one similar criminal antecedent. On such ground, learned Additional Standing Counsel 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 conspectus of the surrounding facts and circumstances of the present case as well as the seriousness and gravity of the allegation and further taking into consideration the fact that one of the co-accused has already been released on bail by the trial court, 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 a bail bond of Rs.25,000/- (Rupees Twenty Five thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. The release of the Petitioner shall also be subject to such other terms and conditions as would be fixed by the Court in seisin over the matter. Violation of any other terms and conditions shall entail cancellation of the bail.

Further, the release of the Petitioner shall also be subject to furnishing a cash security of Rs.3,000/- (Rupees three thousand) before the Court in seisin over the matter which shall be kept in interest bearing fixed deposit account in the name of the court in any nationalized bank and renewed from time to time till disposal of the case. The said deposit shall be subject to the final outcome of the trial.

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 of similar nature. In the event it is found that the Petitioner is having more than one criminal antecedent of similar nature, 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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