Girish Kumar Sahoo 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 C.T. Case No. 84 of 2023 arising out of Special Task Force No.05 of 2023 pending in the file of learned J.M.F.C., Harbhanga for commission of offences punishable under Sections 379/411/120-B of IPC read with Section 51 of Wild Life (Protection) Act, on the allegation of committing illegal trade of wild animal hides.

In the course of hearing of bail application, Mr.B.Karna, learned counsel for the petitioner submits that the petitioner has been sufficiently punished by remaining in jail for nearly about two months and no criminal antecedent of similar nature is available against the present petitioner and the present petitioner may, therefore, kindly be granted bail.

Mr.S.S.Pradhan, learned AGA, however strongly opposes the bail application of the petitioner.

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 manner and circumstance of implication of the present petitioner in this case and the supporting materials placed on record and regard being had to the pre trial detention of the petitioner and progress of investigation and taking into account the fact that no criminal antecedent of similar nature has been reported against the petitioner and taking into consideration the other circumstance on record in entirety, 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 one surety 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 attend the trial Court on each date of posting without fail unless his attendance is dispensed with.

(ii) 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 similar 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.

………………………………