MD. Kosar @ Kaushar 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  Udit Nagar P.S.Case No. 96 of 2023 corresponding to G.R. Case No. No.465 of   2023 pending in the court of the learned SDJM, Panposh, Rourkela for alleged commission of offence under Section 395 of IPC.

Since by earlier order dated 13.12.2023 in BLAPL No.8450 of  2023  filed  by  the  co-accused  was  disposed  of  by  this  Bench which arises out of the self-same F.I.R. i.e. Udit Nagar P.S. Case  No. 96 of 2023 corresponding to G.R. Case No. No.465 of 2023, the  present  petition  has  been  placed  before  this  Bench  for consideration of 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 the petitioner is in custody since 27.07.2023 and in the meanwhile Final Prosecution Report has been submitted on 16.06.2023. It is submitted that considering the age of the petitioner being about 23 years he may be given an opportunity to come back to the community to lead a normal social life which will help him to mend his ways in view of the allegations made against him. It is further submitted that the petitioner being a local person shall subject himself to the jurisdiction of the learned court in seisin of the matter and shall abide by the terms and conditions that would be imposed, if the Court is inclined to grant bail.

Learned counsel for the petitioner refers to the affidavit filed on behalf of the petitioner dated 17.03.2024 through his mother indicating the past allegations of criminal activity.

Learned Addl. Govt. Advocate for the State referring to the materials contained in the case diary, nature of allegations and the past allegations of criminal activity against the petitioner opposes the prayer for bail.

However, it is not disputed at the bar that in the meanwhile the Final Prosecution Report (FPR) has been submitted and the affidavit filed on behalf of the petitioner is in sync with the police report regarding the past allegations of criminal activity.

Having heard the learned counsel for the petitioner and learned counsel for the State, considering the materials on record and the fact that the petitioner is aged about 23 years, 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 solvent 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 near relative;

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 appear before the police having jurisdiction of his area of residence, if 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, if any, and make himself available anywhere 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 petitioner’s 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 order shall not be construed to be the opinion of this Court regarding the merits of the contentions that have been/that would be raised, in the pending trial before the learned court in seisin.

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

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