Pratap Khatua vs State Of Odisha

A.K. Mohapatra, J

This matter is taken up through Hybrid mode.

I.A. NO.605 OF 2024

Learned counsel for the Petitioners submits that the Petitioners do not want to press the interlocutory application.

Accordingly, the I.A. stands disposed of as not pressed.

BLAPL NO.3373 OF 2024

Heard learned counsel appearing for the Petitioners as well as learned counsel for the informant 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 Petitioners for regular bail in connection with G.R No.574 of 2024 arising out of Marshaghai P.S Case No.65 of 2024, pending in the Court of learned S.D.J.M., Kendrapara, for alleged commission of offence punishable under Sections 341, 294, 323, 324, 379, 307, 506 & 34 of IPC.

Learned counsel for the Petitioners submits that earlier this matter was not before any of the bench of this Court. It is submitted by the learned counsel for the Petitioners that the Petitioners are in custody since 17.03.2024. He further contended that the investigation has progresses substantially in the meantime. He also submitted that the investigation has been completed and the final charge-sheet has been filed. Further referring to the allegation made in the F.I.R., learned counsel for the Petitioners submitted that two persons have been sustained injuries in the case. It was also contended that injury report has not yet been furnished. Learned counsel for the Petitioners further contended that due to long standing civil dispute between the parties, the present FIR is a result of a case and a counter case which has been registered at the instance of the present Petitioners. In such view of the matter, learned counsel for the Petitioners submitted that the Petitioners be released on bail on any terms and condition which the Petitioners undertake to abide by while on bail.

Learned counsel for the informant, on the other hand opposed the release of the Petitioners on bail on the ground that in the event, one of the injured has sustained grievous injuries. Therefore, he submitted that the prayer for the bail of the Petitioners be rejected at this juncture.

Learned counsel for the State on the other hand contended that the allegations made in the FIR are serious in nature. It was further contended that it appears that the existing a dispute between the Petitioners and the informant as a result of which fight took place between them, as a result of which they have sustained injuries. Learned counsel for the State opposed the release of the Petitioners in view of the nature and seriousness of allegation made against the Petitioners. Therefore, he submitted that the prayer for bail of the Petitioners be rejected at this juncture.

Having heard the learned counsels appearing for the respective parties and on a careful examination of the surrounding facts and circumstances of the present case and further keeping the view the period of detention of the Petitioners in jail custody, this Court is inclined to release the Petitioners on bail subject to imposition of stringent conditions.

Hence, it is directed that the Petitioners be released on bail in the aforesaid case on furnishing each of a 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 Petitioners shall also be subject to following conditions:-

i) shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever,

ii) shall not make any default in attending the court during trial on each date without fail.

iii) shall not threaten, influence, harass or terrorize the informant and his family members in any manner whatsoever.

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

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 Petitioners are subject to the condition that the court below shall verify whether the Petitioners are having any criminal antecedent of similar nature. In the event it is found that the Petitioners are having any similar criminal antecedent, this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

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