Dipu Mahakud vs State Of Odisha

A.K. Mohapatra, J

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

I.A. No.616 of 2024

Learned counsel for the petitioner submits that the petitioner does not want to press the I.A. application.

Accordingly, the I.A. application is disposed of as not pressed.

BLAPL No.4023 of 2024

Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State.

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with G.R.Case No.403 of 2024 corresponding to Barbil P.S Case No.101 of 2023 pending in the Court of the learned J.M.F.C. Barbil for alleged commission of offence under Section 341/323/326/307 of I.P.C.

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 28.02.2024. He further submitted that the investigation has progressed substantially in the meantime. Further referring to the allegation made in the F.I.R. learned counsel for the petitioner submitted that six persons sustained injury out of which one Prem Munda sustained grievous injury. As a result of which he was admitted in the hospital on 28.02.2024 thereafter he has been discharged on 09.03.2024. He further submitted that the petitioner does not have any criminal antecedent. It was also contended that he is a young boy in the locality. He further submitted although the petitioner belongs to the locality therefore there is no chance of absconding. In such view of the matter, learned counsel for the Petitioner submitted that 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 contended that the investigation is still on. He opposed the bail application of the Petitioner on the ground that in the event the Petitioner is released on bail, there is a possibility that he might indulge in similar criminal offences. Accordingly, it was prayed that the bail application of the 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 period of detention, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. Violation of any of the terms and conditions shall entail cancellation of bail.

It is further directed that the bail granted to the petitioner be subject to the condition that the court below shall verify the fact that the injured has been discharged from the hospital on 09.03.2024 and he is now hale and hearty. In the event it is found that the condition of injured is critical, this bail order shall automatically stand revoked.

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

BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

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