L. Siba Reddy vs State Of Odisha

G. Satapathy, J.

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

This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with G.R. Case No.1481 of 2023, arising out of B.N.Pur P.S. Case No.319 of 2023 pending in the file of learned S.D.J.M., Berhampur, Ganjam for commission of offences punishable under Sections 399/402 of the IPC r/w Section 3 and 4 of E.S. Act, on the allegation of assembling in an isolated place and preparing to commit dacoity along with co-accused persons.

Heard, Mr. S.K. Mohapatra, learned counsel for the petitioner and Mrs. S.R. Sahoo, learned ASC in the present matter and perused the record. Mr. Mohapatra has filed the comprehensive affidavit stated to be sworn in by the cousin of the petitioner which is taken on record.

After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the mode and manner of implication of the petitioner in this case and regard being had to the pre-trial detention of the petitioner in custody since 11.08.2023 with submission of charge sheet and the petitioner having not been apprehended from the spot and taking into account release of co-accused Md. Hyder on bail in BLAPL No.11766 of 2023, this Court admits the petitioner to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioner shall not commit any offence while on bail,

(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law.

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and

(iv) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 12 Noon for three (03) months from the actual date of his release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner for similar offence in future on prima facie accusations may be treated as a ground for cancellation of bail.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of the order be granted on proper application.

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