Niranjan Behera 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.241 of 2024, arising out of Kuchinda P.S. Case No.109 of 2024, pending in the Court of learned S.D.J.M., Kuchinda, for alleged commission of offence punishable under Section 392 of the I.P.C. read with Section 25 of the Arms Act.

It is submitted by the learned counsel for the Petitioner that earlier this matter was not before any other Bench of this Court. She further submitted that the Petitioner is languishing in custody since 08.03.2024. He further contended that investigation must have progressed substantially in the meantime. Learned counsel for the Petitioner referring to the allegation made in the F.I.R, submitted that it has been alleged that when the Informant was talking with one lady, namely, Jajanika Behera at new bus stand, Kuchinda, at that time the Petitioner arrived there and demanded a sum of Rs.1,000/ and when the Informant protested, the Petitioner taken away his Mobile phone and cash of Rs.2,000/- from his pocket by showing gun. It is also contended that the Petitioner does not have any criminal antecedent and belongs to the locality. On such ground, it is 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, opposed the release of the Petitioner on bail on the ground that allegations made in the F.I.R. against the Petitioner are serious in nature. He further contended that the investigation is still on and in the event the Petitioner is released on bail, the same would cause delay in conclusion of the investigation as well as conclusion of the trial. In such view of the matter, it is submitted that the prayer for bail of the Petitioner be rejected.

Having heard the learned counsels appearing for the respective parties and on a careful examination of the materials on record and further taking into consideration the seriousness and gravity of the allegation and the fact that the Petitioner does not have any criminal antecedent, this Court is inclined to release the Petitioners on bail.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.30,000/-(Rupees thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. The release of the Petitioner shall also be subject to such terms and conditions as would be fixed by the Court in seisin over the matter. Violation of any of the terms and conditions shall entail cancellation of bail.

It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner has any criminal antecedent. In the event it is found that the Petitioner is having any criminal antecedent, then this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

Issue urgent certified copy of this order as per Rules.

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