Luku Bhumia vs State Of Odisha

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 Government Advocate 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 Borigumma P.S. case No-199/2022 corresponding to G.R. No-70/2022 pending in the Court of the learned J.M.F.C. Borigumma for alleged commission of offence under Section 457/380 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 20.05.2023. He further submitted that in the meantime investigation has been concluded charge sheet has been filed. Learned counsel for the petitioner further contended that similarly co-accused person has been released on bail by the learned trial Court. Since the petitioner has similar criminal antecedent the learned Court below has rejected the bail application. 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 deemed fit and proper by this Court in light of 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. He further contended that the petitioner is having similar criminal antecedent. Accordingly, it was prayed that, considering the seriousness and gravity of the allegation against the petitioner, the bail application of the Petitioner be rejected at this juncture.

Having heard the learned counsel appearing for the respective parties and, on a 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 upon furnishing a bail bond of Rs.40,000/- (Rupees Forty thousand) with one local solvent surety 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.

V) he shall appear for a period of two months preferably on ‘Sunday’ in between 10.00 A.M. to 1.00  P.M.,  thereafter  once  in  a  month  till conclusion of the trial.

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

BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules...

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