Litun Pradhan vs State Of Odisha

A.K. Mohapatra, J

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

I.A. No.608 of 2024

Learned counsel for the petitioner submits that the petitioner does not want to press the I.A. application.

Accordingly, the I.A. application is disposed of as not pressed.

BLAPL No.4661 of 2024

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 Brahmanitarang P.S. Case No. 38 of 2024 corresponding to G.R Case No. 175 of 2024 pending in the Court of the learned J.M.F.C., (R), Rourkela for alleged commission of offence under Section 341, 323, 324, 325,307, 379, 34 of I.P.C.

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 05.04.2024. He further contended that the investigation has progressed in the meantime. Further referring to the allegation made in the F.I.R. learned counsel for the petitioner submitted that the injuries sustained by the injured are grievous in nature. It is submitted that those are facture injuries from his hand. He further submitted that the injured is now heal and hearty. Learned counsel for the petitioner submitted that the petitioner does not have any similar criminal antecedent. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner 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 Petitioner on the ground that in the event the Petitioner is released on bail, there is a possibility that 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 be subject to the condition that the court below shall verify the fact that the injured has been discharged from the hospital and he is now hale and hearty. Further, verification of similar criminal antecedent of the Petitioner. 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.

……………………………