Pritikanta Mohanta vs State Of Odisha

A.K. Mohapatra, J

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

On oral prayer made by the learned counsel for the Petitioner, he is permitted to correct a place name in his bail application.

Consolidated cause title of the bail application be filed within three working days.

Heard learned counsel appearing for the Petitioners 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 2(b) CC No.05/2024, arising out of Banki Forest Range OR.No.l5 of 2024-25, pending in the Court of learned S.D.J.M., Banki for alleged commission of offence punishable under Sections 9,39,44,49(B),51 of Wild Life Protection Act.

Learned counsel for the Petitioners submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioners that the Petitioners are in custody since 22.05.2024. He further contended that in the meantime the investigation has been progressed substantially and final charge sheet is likely to be filed very soon. He further submitted that the tusks of the elephant which was recovered from the house of one Rameswar Naik, around 20 to 30 meters away from this place, the present petitioners were sitting and when they saw the police, tried to fled away. He further contended that the petitioners have been falsely implicated in the present case. He further contended that the Petitioners do not have any criminal antecedent and they belong to the locality, therefore, there is no chance of absconding. In such view of the matter learned counsel for the Petitioners contended the Petitioners 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 Petitioners on the ground that the allegations made in the F.I.R. are serious in nature, in the event, they are released on bail, they might indulge in similar criminal offences. Therefore, on such ground, learned counsel for the State submitted that the bail application of the Petitioners be rejected at this juncture.

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 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 a bail bond of Rs.25,000/- (Rupees Twenty Five thousand) each 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 Petitioners be subject to the condition that the court below shall verify the criminal antecedent of the Petitioners. In the event 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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