Jagat Naik vs State Of Odisha

M.S.Sahoo, J

Under Section 439 of Cr.P.C., the BLAPL has been filed by the petitioner, now in jail custody in connection with Bijepur PS Case No.7 of 2024 corresponding to CT Case No.586 of 2024 pending in the court of the learned SDJM, Bhawanipatna for alleged commission of offence under Section 395 of the IPC.

It is submitted by the learned counsel for the Petitioner that the Petitioner has no past Criminal Antecedent. The matter arises out of the dispute between two groups of people, the Petitioner is a local person shall subject himself to the jurisdiction of the court in the seisin over the matter and shall abide the terms and conditions that may be imposed if the court inclined to grant bail to the Petitioner.

Learned Additional Standing Counsel referring to the nature of allegation, the FIR and the other material available on recorded opposes the prayer for bail.

Having heard the learned counsel for the Petitioner and the learned Additional Standing Counsel, the Court is inclined to grant bail to the petitioner subject to such stringent terms and conditions that would be imposed by the learned court in seisin of the matter which shall also include the following conditions :

two solvent local sureties for an amount to the satisfaction of the learned court in seisin of the matter;

the court in seisin of the matter shall ensure and verify the credential of the sureties, the court shall direct and record its satisfaction;

the petitioner shall not in any manner make any inducement, threat or promise to the prosecution witnesses so as to dissuade them from disclosing truth before the court and shall not tamper with the evidence;

the petitioner shall not indulge himself in similar activity;

the petitioner shall appear before the concerned authority as would be so required for the purpose; he shall appear before the police having jurisdiction of his area of residence, if directed by the learned

court in seisin of the matter in the manner to be decided by the learned court;

the petitioner shall fully cooperate with the ongoing further investigation and make herself available anywhere as and when required for such purpose; the petitioner shall be available to be contacted over mobile phone and such phone should remain active and normally not be changed, and in case of any change of mobile number of the petitioner for any bona fide reason, the same shall be communicated to the Investigating Agency;

the petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial;

the petitioner shall not indulge in any criminal activity or commission of any crime after being released on bail; and in case of his involvement in any other criminal activities or breach of any condition imposed for grant of bail, the investigating agency informant/victim shall file petition for cancellation of bail.

The petition stands disposed of.

……………………….