Gobinda Majhi vs State Of Odisha

G. Satapathy, J

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

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Rairangpur Rural P.S. Case No.92 of 2022 arising out of C.T. Case No.595 of 2022 pending in the file of learned S.D.J.M., Rairangpur for commission of offence punishable under Sections 302/394 of IPC read with Section 25/27 of Arms Act, but subsequently charge-sheeted for commission of offence punishable under Sections 396/201/120-B of IPC read with Section 25/27 of Arms Act, on the allegation of providing information to co-accused persons about the moment of the victim, which facilitated the co-accused to commit dacoity with murder of the deceased-victim.

Mr. Sk. Zafarulla, learned counsel for the petitioner submits that although there is an allegation against the petitioner for providing information about the deceased-victim, but the F.I.R. was lodged against the unknown person and the mode of implication of the petitioner was on the basis of confession of co-accused, but the petitioner is no way connected with the crime. It is further, submitted by him that the petitioner has been detained in custody since 04.06.2022 and no criminal antecedent has been reported against him and the petitioner, therefore, may kindly be granted bail.

On the other hand, Mr. S.S. Pradhan, learned AGA, however, strongly opposes the bail application of the present 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 and there being no criminal antecedent reported against the petitioner as per the report furnished by the I.I.C., Rairangpur Rural P.S., which was submitted by the learned AGA in the course of hearing of the bail application and taking into consideration the other circumstance on record in entirety including the pre-trial detention of the petitioner since 04.06.2022 and the main allegation of committing dacoity and murder being directed against co-accused persons, who are not the petitioner in this case, this Court grants bail to the petitioner.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/-(Rupees One Lakh) only 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 and

(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a week preferably on Sunday in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

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 in future for grave and serious offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Violation of any of the condition would be construed as misuse of concession of bail granted to the petitioner by this Court today.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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