Gandaram Bhoi vs State Of Odisha

G. Satapathy, J

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

This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with G.R. Case No.59 of 2023 arising out of Binika P.S. Case No.62 of 2023 pending in the file of learned J.M.F.C., Binika for commission of offences punishable under Section 341/448/294/353/186/506 of the IPC.

Heard Mr.P.K.Mishra, learned counsel for the petitioner and Ms. S.R.Sahoo, learned ASC in the matter and perused the record.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the fact that the petitioner had voluntarily appeared before the Court for grant bail to him and regard being had to the pre trial detention of the petitioner in custody since 17.03.2023 and the last but not the least, all the offences alleged against the petitioner being triable by Magistrate First Class and taking into account the law laid down by the Apex Court in Satendra Kumar Antil Vrs. Central Bureau of Investigation; (2021) 10 SCC 773, this Court admits the petitioner to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioner shall not commit any offence while on bail.

(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with.

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner for any offence in future on prima facie accusations may be treated as a ground for cancellation of bail.

Accordingly, the BLAPL stands disposed of.

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

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