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Judgment
23 paragraphs · 387 wordsS. K. Panigrahi, J
This matter is taken up by video conferencing mode.
Heard, learned counsel for the petitioner and learned counsel for the State.
The petitioner is in custody in connection with Angul PS Case No. 170 of 2021 corresponding to GR Case No. 349 of 2021, pending in the court of
the learned JMFC, Banarpal, registered for the alleged commission of offence under Sections 341, 294, 323, 324, 307 and 506/34, has filed this
application under Section 439 of CrPC for his release on bail.
The allegation of the prosecution was that when the informant was near at his tube well, at that very time, one Tapaa and his two friends came
near him. The accused persons assaulted the informant with fist blows, as a result, he fell down and became senseless. The accused persons also
assaulted his brother Ashok Kumar Mishra with slap and fist blows. At that time, while the family members came to the spot, the accused persons
abused his wife and daughter in obscene language.
Learned counsel for the petitioner submits that the injury sustained by the injured is simple in nature. The petitioner has been in custody since
13.04.2021.
Learned counsel for the State vehemently opposed the bail prayer of the petitioner.
Considering the submissions made, facts and circumstances of the case, it is directed that the petitioner be released on bail in the aforesaid case
with some stringent terms and conditions as deemed just and proper by the learned court in seisin over the matter with conditions that:-
i) the petitioner shall appear before the Investigating Officer on every Sunday between 10:00 AM to 12:00 Noon till completion of the trial of the case;
ii) he shall not threaten or coerce the informant in any manner and
iii) he shall not tamper the evidence of the prosecution witnesses in any manner.
Violation of any of the conditions shall entail cancellation of the bail.
The BLAPL is accordingly disposed of.
As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in
the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25th
March 2020.