Nihar Ranjan Mahanta vs State Of Orissa

A.K. Mohapatra, J

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

Heard learned counsel appearing for the Petitioner 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 Petitioner for regular bail in connection with G.R. Case No.753 of 2023, arising out of Nayakote P.S. Case No.95 of 2023, pending in the Court of learned J.M.F.C. (Cog Taking), Keonjhar, for alleged commission of offence punishable under Section 395 of I.P.C. read with Sections 25 and 27 of the Arms Act, 1959.

It is submitted by the learned counsel for the Petitioner that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioner is languishing in custody since 16.11.2023. He further contended that in the meantime, preliminary charge sheet has been filed on 16.01.2024. It is further contended that initially the F.I.R. was lodged against unknown accused persons. Learned counsel for the Petitioner further contended that no T.I. Parade has been conducted as of now. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and conditions which he shall abide by while on bail.

Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, contended that the allegation made in the F.I.R. are very serious in nature. He also contended that the preliminary charge sheet has been filed in the present case keeping the investigation open. In such view of the matter, learned Additional Standing Counsel submitted that in the event the Petitioner is released on bail at this juncture, then the further investigation in the present case would likely to affect. On such ground, learned Additional Standing Counsel submitted that the prayer for bail of the Petitioner be rejected at this juncture.

Considering the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the materials on record and further taking into consideration the fact that the F.I.R. was initially lodged against unknown accused persons and no T.I. Parade has been conducted as of now and the fact that the Petitioner is in custody since 16.11.2023, this Court is inclined to release the Petitioner on bail on stringent conditions.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/-(Rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. Further, the release of the Petitioner shall also be subject to the following conditions:-

I) he shall not indulge in any criminal offence while on bail;

II) he shall cooperate with the investigation and appear before the I.O. as and when his presence is required by the I.O. for the purpose of investigation;

III) he shall not harass, threaten or terrorize the prosecution witnesses as well as Informant and his family members in any manner whatsoever;

IV) he shall appear before the local police station once in a fortnight for a period of three months and thereafter once in a month till conclusion of the trial; and

V) he shall appear before the trial court on each and every date of posting of the case.

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

The BLAPL is, accordingly, disposed of.

Issue urgent certified copy of this order as per Rules.

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