Jyotiranjan Sahoo vs State Of Odisha

A.K. Mohapatra, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel appearing for the Petitioners and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioners for regular bail in connection with G.R. Case No.126 of 2024, arising out of Fategarh P.S. Case No.134 of 2024, pending in the Court of learned J.M.F.C., Bhapur for alleged commission of offence punishable under Sections 341/324/326/294/ 506/34 of IPC.

Learned counsel for the Petitioners submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioners that the Petitioners are in custody since 12.06.2024. He further contended that in the meantime the investigation has been progressed substantially and final charge sheet is likely to be filed very soon. He further submitted that the injured has not sustained any grievous injury. He further contended that the Petitioners do not have any criminal antecedent and they belong to the locality, therefore, there is no chance of absconding. In such view of the matter learned counsel for the Petitioners contended the Petitioners be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioners on the ground that the final charge sheet has not been filed yet and the investigation is still on. Therefore, on such ground, learned counsel for the State submitted that the bail application of the Petitioners be rejected at this juncture.

Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, this Court is inclined to release the Petitioners on bail subject to imposition of stringent conditions.

Hence, it is directed that the Petitioners be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.

It is further directed that the bail granted to the Petitioners be subject to the condition that the court below shall verify the criminal antecedent of the Petitioners. In the event the Petitioners are having any criminal antecedent, this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

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