Prakash Behera @ Guru And Another vs State Of Odisha

G. Satapathy, J

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

Since both these bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.

Mr. S.G. Das, leaned counsel for the petitioners in BLAPL No.8323 of 2023 by filing the memo, prays to not press the bail application of the petitioner No.2-Utkal Keshari Khuntia @ Lula. Accordingly, the bail application of petitioner No.2- Utkal Keshari Khuntia @ Lula stands disposed of as not pressed and the present two bail applications are only confined to petitioner Prakash Behera @ Guru, Deepak Kumar Behera and Papu Dwibedi.

These are applications U/S.439 of Cr.P.C. by the petitioners for grant of bail in connection with C.T. Case No.783 of 2023 arising out of Chandrasekharpur P.S. Case No.312 of 2023 pending in the file of learned J.M.F.C.-II, Bhubaneswar, for commission of offences punishable under Sections 341/323/307/379/506/34 of IPC, on the allegation of assaulting and attempting to the life of the informant and committing theft of Rs.6,500/- from him along with other co-accused persons.

In the course of hearing of both the bail applications, Mr. S.G. Das, learned counsel for the petitioners in BLAPL No.8323 of 2023 by filing an antecedent affidavit submits that the petitioner No.1-Prakash Behera @ Guru has only one criminal antecedent and the eight numbers of criminal antecedents are against the petitioner No.2-Utkal Keshari Khuntia @ Lula, whose bail application has been not pressed and the petitioner No.1 has been detained in custody since 04.07.2023 and therefore, the petitioner No.1 may kindly be granted bail.

Echoing the aforesaid submission, Mr. L. Mahapatra, learned counsel for the petitioners in BLAPL No.8414 of 2023 submits that neither the petitioners have been named in the FIR nor had they participated in the commission of offence and, therefore, the petitioners being innocent persons may kindly be granted bail.

On the other hand, Mrs. S.R. Sahoo, learned ASC, however, strongly opposes the bail application of the petitioners.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioners and keeping in view the mode and manner of implication of the present petitioners and regard being had to the omnibus allegation made against the petitioners and taking into account the pre trial detention of the petitioners in custody and progress of investigation, this Court admits the petitioners to bail.

Hence, both the bail applications of the petitioners namely Prakash Behera @ Guru, Deepak Kumar Behera and Papu Dwibedi stand allowed and these petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) each 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) these petitioners shall not commit any offence while on bail,

(ii) these petitioners shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with,

(iii) these petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and

(iv) these petitioners shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on a Sunday in between 10 A.M. to 12 Noon for three(03) months from the actual date of release from the custody.

The I.I.C., of Jurisdictional Police Station shall not detain the petitioners 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 petitioners 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 petitioners in future for grave and serious offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, both the BLAPLs stand disposed of.

Issue urgent certified copy of the order as per  Rules.

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