Md.Saddam Hussain vs State Of Odisha

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 Bisra P.S. Case No.149 of 2022 corresponding to G.R. Case No. 855(A) of 2022 pending in the Court of learned J.M.F.C.(R), Rourkela for being charge sheeted for commission of offences punishable under Sections 341/294/506/302/34 of the IPC, on the main allegation of assaulting the deceased along with co-accused persons in furtherance of their common intention which resulted in his death.

Mr.P.S.Nayak, learned counsel for the petitioner by inviting attention of the Court to the additional affidavit filed on behalf of the petitioner submits that this is the first bail application of the petitioner and no bail application of the petitioner is pending before any other forum.

In the course of hearing of the bail application, Mr.P.S.Nayak, learned counsel for the Petitioner submits that the present petitioner has been implicated in this case only on the basis of perfunctory materials and even if the materials on record are taken into consideration, no offence U/S. 302 of IPC is attracted against the petitioner since there is only allegation against the present petitioner for assaulting the deceased in a spur of moment by means of a bamboo stick and the deceased died after fourteen days of the occurrence and the main allegation of assault on the face of the deceased by means of a stone is directed against the co-accused Niyaz Ansari and Sayaz Ansari and the petitioner having detained in custody since 29.01.2024 may kindly be granted bail.

On the other hand, Mr. G.N.Rout, learned ASC, however, strongly opposes the bail application of the petitioner and he inter alia submits that there is ample allegation against the petitioner for assaulting the deceased by means of a bamboo stick and to that effect, he drew the attention of the Court to the statement of one Zesan Ali. Learned ASC accordingly prays to reject the bail application of the petitioner.

After having considered the rival submissions and taking into consideration the nature and gravity of offences alleged against the petitioner, as also the accusations sought to be brought against him and keeping in view the manner and circumstance of implication of the present petitioner and regard being had to the allegation against the petitioner for assaulting the deceased by means of a bamboo stick and keeping in view the opinion of the doctor as to cause of death of the deceased in the post mortem report and further taking into account the fact that the deceased died after fourteen days of the occurrence and the main allegation of assault on the face of the deceased by means of stone being directed against the co-accused Niyaz Ansari and Sayaz Ansari and further taking into account the pretrial detention of the petitioner since 29.01.2024 with submission of charge sheet and the petitioner having not named in the FIR and regard being had to the release of number of similarly situated co-accused persons as well as the accused Hasim Ansari and Aiyaz Ansari on bail in BLAPL Nos. 4744 & 3896 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 bond of Rs.50,000/- (Rupees Fifty Thousand) with one local solvent surety 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 week preferably on Sunday in between 10 A.M. to 12 Noon for six (06) 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.

Issue urgent certified copy of the order as per Rules.

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