Mesiya Bhuyan vs State Of Odisha

A.K. Mohapatra, J

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

Heard learned counsel appearing for the Petitioners and learned Additional Government Advocate appearing for the State-Opposite Party. Perused the materials placed before this Court.

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioners for regular bail in connection with O.R. Case No.79 M/2023-24 dt. 13.03.2024, arising out of 2(b)CC No.01/2024, pending in the Court of learned S.D.J.M, Parlakhemundi for alleged commission of offence punishable under Sections 9/39/44)(b) 48/48(A)/49/49(B) of Wild Life Protection Act.

Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioners that the Petitioners are in custody since 13.03.2024. He further contended that investigation has been progressed substantially. Further, referring to the F.I.R., learned counsel for the Petitioners submitted that the Petitioners have been falsely implicated in the present case that the Petitioners belong to the tribal community. He further contended that the Petitioners do not have any similar criminal antecedent. Further, contended that the Petitioners belong to locality, therefore, there is no chance of absconding. In such view of the matter learned counsel for the Petitioners contended the Petitioners be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

Learned Additional Government Advocate on the other hand opposed the bail application of the Petitioners on the ground that the allegations made against the Petitioners are heinous in nature, in the event the Petitioners are released on bail that he might indulge in similar criminal offences. Therefore, on such ground, learned counsel for the State submitted that the bail application of the Petitioners be rejected at this juncture.

Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, further keeping in view the fact that the Petitioners do not have any similar criminal antecedent, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

Hence, it is directed that the Petitioners be released on bail in the aforesaid case on furnishing a bail bond of Rs.20,000/- (Rupees Twenty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.

It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper. Violation of any other conditions shall entail cancellation of the bail application.

It is further directed that the bail granted to the Petitioner be subject to the condition that the court below shall verify the criminal antecedent of the Petitioners. In the event the Petitioners are having any similar criminal antecedent, this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

....…………………………..