Hemanta Kumar Rout vs State Of Orissa

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.11 of 2023 arising out of Parjang P.S. Case No.11 of 2023 pending in the file of learned J.M.F.C., Parjang, for commission of offences punishable under Sections 394 of IPC read with Section 25/27 of Arms Act, but subsequently charge-sheeted for commission of offences punishable under Sections 395 of IPC read with Section 25/27 of Arms Act, on the allegation of providing information to co-accused persons to commit dacoity.

Heard Mr. P.K. Mishra, learned counsel for the petitioner and Mr. S.S. Pradhan, learned AGA in the matter of present bail application 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 nature and strength of supporting materials on record and regard being had to the pre-trial detention of the petitioner since 11.02.2023 with submission of charge-sheet and there being no criminal antecedent reported against the petitioner and last but not the least, taking into account the only allegation against the petitioner for providing information to co-accused persons, 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 and

(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a week preferably on a Sunday of every month 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.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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