Nrusingha @ Narasingha Samantrary vs State Of Odisha

G. Satapathy, J

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

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail arising out of Puri Town P.S. Case No.312 of 2023 corresponding to G.R. Case No.691 of 2023 pending in the Court of learned S.D.J.M. Puri for commission of offences punishable under Section 399/ 402/34 of the IPC r/w Section 27 of the Arms Act, on the allegation of assembling in an isolated place inside Cashew jungle near Chakrakote Lane being armed with deadly weapons and preparing to commit dacoity.

Heard, Mr. Rajib Bihari Mishra, learned counsel for the petitioner and Mr. Biplabh Mohanty, learned AGA in the matter and perused the record.

After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the pre trial detention of the petitioner in custody since 30.08.2023 and taking into account the progress of investigation with submission of charge-sheet and regard being had to the other circumstance on record in entirety including release of co-accused Chiku @ Bikash Mohanty on bail in BLAPL No. 14301 of 2023, this Court admits the petitioner to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioner shall not commit any offence while on bail,

(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law.

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case.

iv) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on 2nd Sunday of each month in between 10 A.M. to 12 Noon for three(03) months from the actual date of his release from the custody.

The I.I.C. shall not detain the petitioner unnecessarily after recording their attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner for similar offence in future on prima facie accusations may be treated as a ground for cancellation of bail.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of the order be granted on proper application.

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