Dinesh Kumar Samantaray @ Rahul Samantaray vs State Of Odisha

M.S. Sahoo, J

Under Section 439 of Cr.P.C. the BLAPL has been filed by the petitioner, now in jail custody in connection with Handapa P.S. Case No.134 of 2023 corresponding to G.R. Case No.546 of 2023 pending in the court of learned SDJM, Athamalik, for alleged commission of offences under Sections 395/506 of IPC read with Section 25 & 27 of Arms Act.

Since by earlier order dated 21.12.2023 of this Bench in the BLAPL No.7531 of 2023 filed by co-accused arising out of the same F.I.R./P.S. case/G.R. case was considered by this Court and disposed of, the present petition has been placed before this Bench in terms of Standing Order No.2.

It is submitted by the learned counsel for the petitioner that the petitioner is in custody since 06.03.2024,  Final  Prosecution  Report  has  been submitted on 07.10.2023, the petitioner being aged about 43 years may be given an opportunity to come back to the community to lead a normal social life.

Learned counsel for the petitioner refers to the affidavit dated 12.04.2024 filed on behalf of the petitioner through his wife, where it has been stated that the petitioner has no past allegations of criminal activity against him. Copy of the said affidavit has been served on the learned counsel for the State.

It is submitted that the petitioner is a local resident and shall subject himself to the jurisdiction of the learned court in seisin of the matter and shall abide by the terms and conditions that would be imposed if the Court is inclined to grant bail to the petitioner.

The learned Additional Standing Counsel for the State opposes the prayer for bail referring to the materials contained in the case diary and the nature of allegations.

However, it is not disputed at the bar that the petitioner is aged about 43 years and Final Prosecution Report has already been submitted. The contents of the affidavit filed on behalf of the petitioner is in sync with the police reports.

Having heard the learned counsel for the petitioner and learned Additional Standing Counsel for the State, considering the materials on record and also considering the fact that the petitioner being aged about 43 years should be given an opportunity to go back to the community to lead normal social life which would help him to mend his ways, this Court is inclined to grant bail to the petitioner subject to such stringent terms and conditions that would be imposed by the learned court in seisin of the matter, which shall also include the following conditions:

Two sureties for an amount to the satisfaction of the learned court in seisin of the matter, out of the two sureties one shall be a family member of the petitioner and the other shall be a local person;

the court in seisin of the matter shall ensure and verify the credential of the sureties, the court shall direct and record its satisfaction;

the petitioner shall not in any manner make any inducement, threat or promise to the prosecution witnesses so as to dissuade them from disclosing truth before the court and shall not tamper with the evidence;

the petitioner shall not indulge himself in similar activity;

the petitioner shall surrender his passport if any, before the learned court in seisin of the matter and will not leave India without prior permission of the Court and in the event the petitioner has not been issued with any passport, he would submit an affidavit stating the said fact;

the petitioner shall appear before the concerned authority as would be so required for the purpose; he shall appear before the police

having jurisdiction of his area of residence, if directed by the learned court in seisin of the matter in the manner to be decided by the learned court;

the petitioner shall fully cooperate with the ongoing further investigation and make himself available anywhere as and when required for such purpose;

the petitioner shall be available to be contacted over mobile phone and such phone should remain active and normally not be changed, and in case of any change of mobile number of the petitioner for any bona fide reason, the same shall be communicated to the Investigating Agency;

the petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial;

the petitioner shall not indulge in any criminal activity or commission of any crime after being released on bail; In case of his involvement in any other criminal activities or breach of any condition imposed for grant of bail, the investigating agency shall file petition for cancellation of bail;

The BLAPL is disposed of.

It is clarified that any observations made in this order shall not be construed to be the opinion of this Court regarding the merits of the contentions that would be raised in the pending trial before the learned court in seisin by either of the parties to the present petition.

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

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