Kartik Rout vs State Of Orissa

A.K. Mohapatra, J

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

Heard  learned  counsel  for  the  Petitioner  as  well  as  learned Additional Standing Counsel for the State.

This  is  an  application  under  Section  439  of  the  Code  of Criminal Procedure filed by the Petitioner for bail in connection with P.R. Case No. 417/2023-24 corresponding to 2(a) C.C.No.78 of 2024 pending  in  the  Court  of  the  learned  J.M.F.C.,  Basta  for  alleged commission of offence under Section 52 (a)(i) & C of O.E. Act.

Learned  counsel  for  the  Petitioner  submits  that  earlier  this matter was not before any other Bench of this Court. It is submitted by  the  learned  counsel  for  the  Petitioner  that  the  Petitioner  is  in custody since  22.03.2024.  He  further  contended  that  the petitioner does not have any similar criminal antecedents. Learned counsel for the petitioner  further contended  that petitioner  has  been  falsely implicated in the present case. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on such terms and conditions deemed fit and proper by this Court in the facts and circumstances of the case.

Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that in the event the Petitioner is released on bail there is a possibility he might indulge in similar criminal offences. Accordingly, it was prayed that the bail application of the Petitioner 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, further taking into consideration the period of detention, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter subject to the following terms and conditions:

I) he shall not indulge in similar criminal offences;

II) shall cooperate with investigation;

III) shall appear before the I.O. as and when required for the purpose of investigation; and

IV) shall appear before the Trial Court on each and every date fixed.

Violation of any of the terms and conditions shall entail cancellation of bail.

It is further directed that the bail granted to the Petitioner shall be subject to the condition that the court below shall verify whether the Petitioner is having any criminal antecedent of similar nature. In the event it is found that the Petitioner is having any similar criminal antecedent, this bail order shall automatically stand revoked.

BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

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