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Judgment
18 paragraphs · 434 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in connection with G.R. Case No.392 of 2023 pending on the file of learned Judicial Magistrate First Class-Konark, District-Puri, arising out of Ramachandi P.S. Case No.56 of 2023 for commission of offence alleged under Sections 341/323/324/307/294/506 of IPC.
Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Nimapara by order dated 15.11.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 15.05.2023 and as charge sheet has already been filed on 30.09.2023, he may be released on bail.
Learned counsel for the State opposes the prayer for bail.
This Court had earlier rejected the bail application of the Petitioner i.e. BLAPL No.6689 of 2023 by order dated 04.09.2023 considering the injury report of the injured Laxmidhar Murudi.
It is submitted by the learned counsel for the Petitioner that in the meanwhile, the injured has recovered and since the Petitioner is the first offender, the bail application may be considered liberally.
To test the veracity of such statement, a report was called for from the I.O. regarding the health condition of the injured. Such report received from the learned counsel for the State is taken on record.
10 Considering the same, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
Additionally, it is directed that Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.
It is further directed that one of the family member of the Petitioner shall execute a P.R bond in addition to the sureties so fixed.
Further, it is directed that the Petitioner shall not in any way try to intimidate the victim and/or his family members.
It shall be open to the victim and/or his family members to seek variance of this order, in the event there is any threat perception.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rules..
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