Dipak Mandal Vs State Of Odisha

V. Narasingh, J

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is an accused in connection with G.R. Case No.4886 of 2021 pending on the file of learned S.D.J.M., Sambalpur, arising out of Ainthapali P.S. No.682 of 2021 for commission of offence alleged under Sections 394/397 of IPC.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Sambalpur by order dated 27.07.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that Petitioner is in custody since 24.05.2023 and as charge sheet has already been filed in the meanwhile, he may be released on bail.

It is further submitted by the learned counsel for the Petitioner that the basis of implication is on account of co-accused statement and local inquiry and there is no other material to connect the Petitioner with the alleged crime.

It is on record that no T.I. parade in the case at hand has been conducted.

Learned counsel for the State opposes the prayer for bail in view of the criminal antecedent of the Petitioner, which are of recent origin.

Taking into account the submission of the learned counsel for the Petitioner that the trial is not progressing, a report was called for from the learned Court in seisin in which, it has been indicated that out of 15 charge sheeted witnesses, one witness has been examined.

Considering the nature of allegations and that there is no significant progress in trial, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

Keeping in view the criminal proclivity of the Petitioner, additionally, it is directed that Petitioner shall appear before the jurisdictional police station twice every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

It is further directed that one of the family member of the Petitioner shall execute a P.R bond in addition to the sureties so fixed.

Further, it is directed that the Petitioner shall not in any way try to intimidate the informant and/or her family members.

It shall be open to the informant and/or her family members to seek variance of this order, in the event there is any threat perception.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rules.

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