Mohammed Gulam Mustafa vs State Of Odisha

Dr. S.K. Panigrahi, J

This matter is taken up through hybrid arrangement.

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

The Petitioner being in custody in connection with Pipili P.S. Case No. 0208 of 2024 corresponding to G.R.

Case No. 352 of 2024 pending in the Court of the learned J.M.F.C., Pipili, registered for the alleged commission of offence under Sections 294/323/325/307/34 of IPC, has filed this petition for his release on bail.

The brief facts of the case are that 25.04.2024 one Bijaya Kumar Jena, lodged a written report before the I.I.C., Pipili Police Station alleging therein that on the same day at about 4.30 P.M., he stopped his car near Tarjak over bridge while he was returning to his house to have tea. The Petitioner demanded Rs.29/- for two cups of tea to which the informant objected. There was altercation between the parties and the petitioner got annoyed, abused in filthy language and assaulted by means of an iron rod on his head as a result he sustained bleeding injury. The informant was treated at Pipili hospital but subsequently referred to Capital Hospital.

During course of investigation, having found prima facie evidence, the present petitioner was arrested and forwarded to the Court in seisin over the matter on 26.04.2024.

At this juncture, learned counsel for the Petitioner submits that the Petitioner has been languishing in custody since 26.04.2024. He has been falsely implicated in this case. Hence, he submits that the Petitioner may be released on bail.

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

Considering the submissions made by the learned counsel for the parties and having scrutinized the case record,  this  Court  is  of  the  view  that  the  Petitioner deserves to be released on bail. Accordingly, it is directed that the Petitioner be released on bail in the aforesaid case by the Court in seisin over the matter on some stringent terms and conditions with further conditions that:

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

II. the Petitioner shall appear before the local Police Station on every Monday between 10 A.M. to 1.00 PM.

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

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

VI. the Petitioner 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 IIC of the concerned Police Station in coordination with the local Forest Officer shall monitor; whether the Petitioner has planted the saplings or not.

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

The District Nursery/D.F.O. shall extend the helping hand by supplying the saplings to the Petitioner.

This BLAPL is, accordingly, disposed of.

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