Durjay Kumar 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.109 of 2024, arising out of Balasore Sadar P.S.Case No. 62 of 2024, pending in the Court of learned JMFC(City), Balasore for alleged commission of offence punishable under Sections 341/323/325/506/34 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 15.02.2024. Learned counsel for the Petitioner submitted that the investigation has progressed substantially however, he has no instruction as to whether the charge-sheet has been filed. It is further submitted that the fracture injury on the leg of the victim, in the meantime, has healed and that the victim has been discharged. It was further contended that the informant is also involved in several cases and is in jail custody. 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 counsel for the informant submitted that the injury in the present case is serious in nature. He further submitted that the Petitioner has several criminal antecedents. In such view of the matter learned counsel for the informant submitted that the bail application filed by the Petitioner be rejected at this juncture.

Learned counsel for the State opposed the bail application on the ground that the allegation made against the Petitioner is serious in nature and that the injury inflicted on the victim is serious. It was further contended that the Petitioner have several criminal antecedents. Learned counsel for the State further contended that the informant and the Petitioner are related and there are several cases and counter case pending against both. It was further submitted that the injured has already been taken into custody. Therefore, further detention of the Petitioner is not necessary for the purpose of investigation.

Accordingly, it was prayed that the bail application of the Petitioner be rejected at this juncture.

Having heard the learned counsels appearing for the respective parties and on a careful examination of the surrounding facts and circumstances, of the present case and the seriousness and gravity of the allegation, and considering the fact that the injured has been healed and taken into judicial custody and further keeping the view the period of detention of the Petitioner in jail custody, this Court is inclined to release the Petitioner on bail subject to imposition of certain terms and conditions.

Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, and the fact that the injured has been discharged, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.35,000/- (Rupees Thirty Five Thousand) with two local solvent sureties for the like amount to the satisfaction of the learned court in seisin over the matter. Release of the Petitioner shall also be subjection to following conditions that:-

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

III) shall appear before the Court on each and every date fixed without fail.

IV) shall appear before the concerned police station once a week for two months preferably on a Sunday from 10 A.M. to 1 P.M.

Violation of any of the terms and conditions shall entail cancellation of bail.

The BLAPL is, accordingly, disposed of.

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