Mahesh Pan @ Motu vs State Of Odisha

M.S. Sahoo, J

Under Section 439 of Cr.P.C. the BLAPL has been filed by the petitioner in jail custody in connection with Champua P.S. Case No. 80 of 2023 corresponding to G.R. Case No. No.195 of 2023 pending in the court of the learned SDJM, Champua for alleged commission of offence under Section 395 of the IPC.

Since the earlier BLAPL No.7256 of 2023 filed by the co-accused was disposed of by this Bench by order dated 21.12.2023, the present petition has been placed before this Bench for consideration for prayer for bail in terms of Standing Order No.2 of 2023 dated 21.05.2023.

It is submitted by the learned counsel for the petitioner that though the petitioner is a resident of West Singhbhum (Jharkhand), he shall abide by such terms and conditions and shall subject himself to the jurisdiction of the learned court in seisin of the matter and shall also abide by all terms and conditions that would be imposed by the court in seisin. Learned counsel also refers to the affidavit filed on behalf of the petitioner give the details of the past allegations of criminal activity against him.

Learned Additional Standing Counsel appearing for the State referring to the nature of allegations and the past allegations of criminal activity against the petitioner, opposes the prayer for bail.

However, it is not disputed that the co-accused in the case has been granted bail by this Court and the Final Prosecution Report has been submitted on 14.09.2023, the petitioner is in custody since 21.05.2023 and is aged about 31 years. The contents of the affidavit filed on behalf of the petitioner is in sync with the police reports.

Having heard learned counsel for the petitioner, learned Additional Standing Counsel for the State and considering the materials on record, particularly the age of the petitioner, this Court is inclined to grant bail to the petitioner subject to such stringent terms and conditions that would be imposed by the learned court in seisin of the matter, which shall also include the following conditions:

two sureties for an amount to the satisfaction of the learned court in seisin of the matter, out of the two sureties one shall be a family member of the petitioner and the other shall be a local person;

two sureties for an amount to the satisfaction of the learned court in seisin of the matter, out of the two sureties one shall be a family member of the petitioner and the other shall be a local person;

the court in seisin of the matter shall ensure and verify the credential of the sureties, the court shall direct and record its satisfaction;

the petitioner shall not in any manner make any inducement, threat or promise to the prosecution witnesses so as to dissuade them from disclosing truth before the court and shall not tamper with the evidence;

the petitioner shall not indulge himself in similar activity;

the petitioner shall surrender his passport if any, before the learned court in seisin of the matter and will not leave India without prior permission of the Court and in the event the petitioner has not been issued with any passport, he would submit an affidavit stating the said fact;

the petitioner shall appear before the concerned authority as would be so required for the purpose; he shall appear before the police having jurisdiction of his area of residence as would be directed by the learned court in seisin of the matter in the manner to be decided by the learned court;

the petitioner shall fully cooperate with the ongoing further investigation and make himself available as and when required for such purpose;

the petitioner shall be available to be contacted over mobile phone and such phone should remain active and normally not be changed, and in case of any change of mobile number of the petitioner for any bona fide reason, the same shall be communicated to the Investigating Agency;

the petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial;

the petitioner shall not indulge in any criminal activity or commission of any crime after being released on bail; In case of his involvement in any other criminal activities or breach of any condition imposed for grant of bail, the investigating agency/informant/victim shall file petition for cancellation of bail;

The BLAPL is disposed of accordingly.

It is clarified that any observations made in this judgment shall not be construed to be the opinion of this Court regarding the merits of the contentions that would be raised in the pending trial before the learned court in seisin by either of the parties to the present petition.

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

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