Mahes Das vs State Of Orissa

G. Satapathy, J

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

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Balliguda P.S. Case No.22 of 2023 corresponding to C.T. Case No.65(A) of 2023 (Split up) pending in the Court of learned Asst. Sessions Judge, Balliguda for commission of offence punishable under Section 395 of IPC read with Sections 25/27 of Arms Act, on the allegation of committing dacoity of Rs.14,980/- and a mobile phone from the informant along with other co-accused persons.

Heard, Mr. Mahes Das, learned counsel for the Petitioner as well as Mr. P.K.Maharaj, learned ASC in the matter of the present bail application.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the nature and strength of supporting materials available on record and regard being had to the fact that the FIR was lodged against unknown person, but no T.I. Parade was being conducted as per the submission of the State and taking into account the other circumstance on record in entirety including release of co-accused persons namely Ajaya Digal, Richard Nayak @ Rony @ Towell and Priya Ranjan Mandal on bail in BLAPL Nos.2333, 8963 & 13880 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) only 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 and

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

(iv) the petitioner shall report attendance before the jurisdiction Police Station once in a week preferably on Sunday in between 10 A.M. to 12 Noon for six (06) 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 petitioners 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 in future for grave and serious offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

.…………………………….