Niranjan Sabar 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 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.137 of 2024, arising out of Banpur P.S. Case No.95 of 2024, pending in the Court of learned J.M.F.C., Banpur for alleged commission of offence punishable under Section 395 of IPC.

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 Petitioner that the Petitioner is in custody since

02.2024. He contended that the investigation has progressed substantially and the charge sheet is likely to be filed very soon. Further contended that the sum of Rs.50,000/- has been recovered from the Petitioner. He further contended that the Petitioner does not have any criminal antecedents. It was contended that the Petitioner belongs to the locality and there is no chance of absconding. In such view of the matter learned counsel for the Petitioner contended the Petitioner 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 Petitioner on the ground that the allegations made in the F.I.R. are very serious in nature and the investigation is still on therefore, in the event the Petitioner is released on bail, there is a possibility that he might abscond and therefore, there would cause delay in conclusion of the trial and in delay for filing of final charge sheet. On such grounds, learned counsel for the State prayed that the bail application of the Petitioner be rejected.

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 Petitioner on bail subject to imposition of stringent conditions.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.40,000/- (Rupees Forty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.

It is further directed that the bail granted to the Petitioner is subject to depositing a cash security of Rs.10,000/- (Rupees Ten Thousands) of before the learned Court in seisin over the matter, which shall be kept in any Nationalized bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case.

It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper.

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 Petitioner. In the event the Petitioner is having any criminal antecedent of similar nature of offences, this bail order shall automatically stand revoked.

Violation of any other conditions shall entail cancellation of the bail application.

The BLAPL is, accordingly, disposed of.

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