Harish Chandra Rout @ Bapi Vs State Of Orissa

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 G.R. Case No. 772 of 2023 arising out of Patna P.S. Case No.195 of 2023 pending in the file of learned J.M.F.C.(Cog. Taking), Keonjhar for commission of offences punishable under Section 395 of the IPC, on the allegation of committing theft of 232 square meter of conductor costing around Rs.4,20,000/-, along with others.

Heard, Mr. D.J.Sahoo, learned counsel for the petitioner, and Mrs. S.R. Sahoo, learned ASC in the matter and perused the record. It is, however, submitted by Mr.D.J.Sahoo that in case the petitioner would be found to have more than one criminal antecedent, his bail application may kindly be rejected.

After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the petitioner and on going through the materials placed on record which reveals the mode and manner of implication of the present petitioner in this case and regard being had to the pre-trial detention of 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 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. 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 and

(iv) the Petitioner shall appear before the I.O. once in a fortnight preferably on 2nd Sunday of the month in between 10A.M. to 12 Noon for six(06) months from the actual date of his release from the custody.

The  I.O.  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 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. In terms of the submission of learned counsel for the petitioner, if the petitioner is found to have more than one criminal antecedent, the benefit of this order shall not be extended to the petitioner.

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

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