Mithun Swain 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 Standing Counsel 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 G.R. Case No.798 of 2024, arising out of Bhanjanagar P.S. Case No.485 of 2024, pending in the Court of learned SDJM, Bhanjanagar for alleged commission of offence punishable under Sections 294, 506 of I.P.C. read with Section 25 (1) (a) Arms Act.

Learned counsel for the Petitioners 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 25.05.2024. Learned counsel for the Petitioners submitted that the Petitioners have been falsely implicated in the present case. Further contended that the Petitioners are having similar criminal antecedent and that the Petitioners belong to the locality and 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 Standing Counsel on the other hand opposed the bail application of the Petitioners on the ground that the allegations made in the F.I.R. are very serious in nature. Further submitted that investigation is still on, therefore, in the event the Petitioners are released on bail, the same would cause delay in conclusion of the investigation and trial. 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, this Court is inclined to release the Petitioners 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.30,000/- (Rupees Thirty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter subject to the following terms and conditions:

I) they shall not indulge in similar criminal offences while on bail;

II) shall cooperate with investigation and shall appear before the I.O. as and when their presence is required for investigation;

III) shall appear before the jurisdictional Police Station once in a week for a period of one month preferably on ‘Sunday’ in between 10.00 A.M. to 1 P.M., thereafter once in a fortnight for a period of two months, thereafter once in a month till conclusion of the trial; and

IV) shall  make  any  default  in  attending  the  court  during trial on each date without fail.

Violation of any of the terms and conditions shall entail cancellation of bail.

The BLAPL is, accordingly, disposed of.

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