Rajiba Naik vs State Of Odisha

S.S. Mishra, J

The petitioner is an accused in connection with Bantala P.S. Case No.78 of 2022 corresponding to G.R. Case No. 294 of 2022 for the offences under Sections 454/294/341/323/307/506/34 pending in the Court of learned Additional Sessions Judge, Angul.

The  allegation  as  per  the  F.I.R.  is  that  on 01.03.2023 at 2.00 P.M. that the present petitioner entered into the house of the informant carried with deadly weapon and abused the informants in filthy language. While the informant came out from the house and protested, the petitioner along with the others threatened her for dire consequences and thereafter, the accused person assaulted her cousin brother by means of a stick and axe. Hence, the F.I.R. was registered.

Learned counsel for the petitioner submits that the petitioner was earlier granted bail by the Court below on 25.03.2022 with the condition that he shall appear before the I.O. as and when required. However, after release, the petitioner although appeared on each and every date, but on 18.07.2023, he could not appear as he was suffering from fever. Due to non-appearance, the learned S.D.J.M., Angul issued NBW on 18.07.2023 against the petitioner and on the basis of NBW, the petitioner was arrested and forwarded to the Court. Thereafter, the petitioner has approached the Court below for bail and the Court below vide order dated 08.02.2024 has rejected his application on the ground that the petitioner has violated the conditions of the bail order. On instruction, he submits that the petitioner will appear before the Court below without fail.

Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one.

Taking into consideration the period of custody and the nature of accusation, I am inclined to admit the petitioner on bail.

Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to further conditions which are as follows:

“(i) that he shall appear before the Court below on the date fixed of the case and

(ii) The petitioner shall not tamper with the evidence in any manner whatsoever.

Violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.

The BLAPL is accordingly disposed of.

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