Harihara Tarei 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 Kabisuryanagar P.S. Case No. 520 dated 07.11.2022 corresponding to G.R. Case No. 507 of 2022 pending in the Court of learned JMFC, Kabisuryanagar, Dist-Ganjam for commission of offences punishable Under Section 395 of IPC r/w Sections 25 and 27 of the Arms Act, on the allegation of committing dacoity of one Necklace from the wife of the Informant.

Heard, Ms.S. Patra, learned counsel for the Petitioner as well as Mr. R.B. Mishra, learned AGA in the matter of the present bail application and perused the record.

After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view the mode and manner of implication of the present Petitioner and regard being had to the pre trial detention of the Petitioner since 06.01.2023 and taking into account the voluntarily surrender of the Petitioner to custody after availing the interim bail and taking into consideration the other circumstances on record in entirety including no criminal antecedent being reported against the Petitioner, 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 Twenty Five Thousand) only with two solvent sureties 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. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law.

(iii) The Petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case,

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

(v) the Petitioner shall inform the Court as well as the I.O. as to his place of residence during the trial by providing his mobile number(s), residential address, e-mail, if any, and other documents in support of proof of residence.

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 petitioners 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.

It is made clear that the Court in seisin of the case, while releasing the Petitioner on bail may verify the residential proof of the sureties by taking the help of local police, if required to ascertain the proof of residence and such exercise must be completed within a reasonable period of not more than seven days of filing bail bonds.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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