Manoj Khosla vs State Of Orissa

G. Satapathy, J

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

This is the second successive bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Koraput Town P.S. Case No.45 of 2023 corresponding to C.T. Case No.111 of 2023 pending in the file of learned Addl. Sessions Judge, Koraput for commission of offences punishable U/Ss.364-A/365/343/386/34 of IPC, on the allegation of kidnapping the victim for ransom and making a video call to the family members of the victim by striping him and demanding ransom money.

Mr.R.L.Pattanaik, learned counsel for the petitioner by filing an affidavit stated to be sworn in by the mother of the petitioner in the Court today, which is taken on record, submits that this is the second bail application of the petitioner and no bail application of the petitioner is pending before any other forum.

Heard Mr.R.L.Pattnaik, learned counsel for the petitioner and Mr.S.S.Pradhan, learned AGA in the matter and perused the record. Mr.R.L.Pattanaik, learned counsel for the petitioner also submits before the Court that the petitioner is only having one criminal antecedent to his credit and in case he is found to have more than one criminal antecedent, the bail application of the petitioner shall be rejected.

It is also not in dispute that the present petitioner was granted liberty to renew his prayer for bail subsequently in earlier bail application disposed of by this Court. The record reveals that some of the co-accused persons have been granted bail, but the petitioner is in custody since 20.02.2023 and in the meanwhile, charge sheet has already been submitted in this case. In such view of the matter and taking into consideration the release of co-accused persons on bail and regard being had to the pretrial detention of the petitioner in custody, this Court without expressing any opinion on the merits of the case grants bail to the petitioner.

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 in the course of trial 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 by giving his present address of stay.

(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on 2nd Sunday of each month in between 10 A.M. to 12 Noon for three (03) months from the actual date of 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 in future for grave/similar type of offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of. In view of the submissions of learned counsel for the petitioner, the benefit of this order may not be extended to the petitioner, if he is found to have any other criminal antecedent except one criminal antecedent beside this case as aforesaid, without the leave of this Court.

Issue urgent certified copy of the order as per Rules.

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