Rabi Narayan Swain 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 Government Advocate 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.- 73/2024, arising out of Motanga P.S. Case No.- 55/2024, pending in the Court of learned J.M.F.C. (Cog Taking), Dhenkanal for alleged commission of offence punishable under Sections 452, 341, 294, 323, 326, 354, 307, 506/34 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 10.02.2024. He further contended that investigation has been concluded and charge sheet has been filed on 31.03.2024. He further contended that although the injured has sustained grievous injury, however, he has been discharged from the hospital and he is now hale and hearty. Further contended that the Petitioner belongs to the locality and there is chance of absconding. He further contended that although the Petitioner has one criminal antecedent, however, in the event this Court is inclined to release the petitioner on bail, he is ready and willing to abide by any terms and conditions that would be imposed by this Court.

Learned Additional Government Advocate on the other hand opposed the bail application of the Petitioner on the ground that the Petitioner is having one criminal antecedent. Further contended that injuries are grievous in nature, therefore, in the event the Petitioner is released on bail, the Petitioner may indulge in similar criminal offences. Therefore, on such ground, learned counsel for the State submitted that the bail application of the Petitioner 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 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.30,000/- (Rupees Thirty 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.4,000/- (Rupees Four 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. Violation of any other conditions shall entail cancellation of the bail application.

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 more than one criminal antecedent, this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

.....…………………………..