Manoj Kumar Rout & Ors vs State Of Odisha

Dr. S.K. Panigrahi, J

This matter is taken up through hybrid arrangement.

Heard learned counsel for the Petitioners and learned counsel for the State.

The  Petitioners  being  in  custody  in  connection  with Case No.816 of 2024 pending in the court of learned J.M.F.C-II, Bhubaneswar, registered for the alleged commission of offence under Sections 341/323/294/307/506/34 of I.P.C, has filed this petition for his release on bail.

The case of the prosecution in brevity is that on 03.05.2024 the informant Dilip Kumar Dhal had come to Bhubaneswar for some personal work and stayed at the Hotel Garden Tree, Bhubaneswar. In evening at around 5.00 P.M, while the informant was having tea near the hotel, the Petitioners and co-accused persons came and abused him. Apart from this, they had also snatched away a gold chain along with cash of Rs.700/- from him. Thereafter, the informant lodged an FIR at Mancheswar Police Station. On the next day evening i.e. on 04.05.2024, while the informant was returning from Mancheswar Police Station, near the above noted Hotel the Petitioners along with co-accused persons assaulted him by means of ‘Daoli’. When the local people came to the place of occurrence, the accused persons fled and the informant was shifted to the nearby hospital.

Soon after the said occurrence, the informant submitted a written report before the I.I.C, Mancheswar Police Station. Thereafter, the Police personnel conducted investigation and accordingly, on 06.05.2024 arrested the present Petitioners.

Learned  counsel  for  the  Petitioners  submits  that  the Petitioners have been languishing in custody since 06.05.2024 and due to their incarceration in custody for long period, their family members are suffering a lot. He further contends that in the meantime though one month time has already elapsed, no charge-sheet has been filed in this case. It is also submitted that the victim has already recovered from the wound caused as it was a simple wound. He, therefore, prays that the Petitioners may be released on bail.

Learned counsel for the State vehemently opposes the bail prayer of the Petitioner.

Be that as it may, without going into the merits of the case, since the charge-sheet has not yet been filed in this case, this Court directs the court in seisin over the matter to release the Petitioners on bail on some stringent terms and conditions with further conditions that:-

I. the Petitioners shall appear before the concerned Police Station on every Monday between 10.00A.M. to 1.00P.M. till filing of charge-sheet;

II. upon filing of charge-sheet the Petitioners shall also appear before the court in seisin over the matter on each date of posting of the case till completion of trial;

III. each of the Petitioners after the onset of monsoon, shall plant 50 saplings of local variety like mango, neem, tamarind etc. around their village over the Government land/community land/private land, if it is in the possession of the Petitioners or their family members.

IV. the Petitioners shall not indulge himself in any criminal activities in future;

V. the Petitioners shall not tamper the evidence of the prosecution witnesses in any manner;

VI. the Petitioners shall cooperate the Police at the time of filing of charge-sheet;

VII. the Petitioners shall not threaten or cause any kind of inconvenience to the victim or the family members of the victim;

Violation of any of the above conditions shall entail cancellation of the bail.

The I.I.C. of the concerned Police Station in coordination with the local Forest Officer shall monitor; whether the Petitioners have planted the saplings or not.

It is further made clear that the Petitioners shall file an affidavit after plantation of the saplings before the local Police Station assuring that they will maintain those plants for two years.

This BLAPL is, accordingly, disposed of.

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