Ramesh Chandra Panda @ Ramesh Panda 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 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 Petitioner for regular bail in connection with C.T Case No.40 of 2024, arising out of Ambapani Case No.12 of 2024, pending in the Court of learned J.M.F.C, Koksara for alleged commission of offence punishable under Sections 341/323/325/307/379/34 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 submitted that in the meantime the investigation has been concluded and charge sheet has been filed. Further, referring to the F.I.R., learned counsel for the Petitioner submitted that although the injured has sustained grievous injury, he has been discharged from the hospital and he is now hale and hearty at the moment. He further contended that the Petitioner does not have any criminal antecedent. It was contended that the Petitioner belongs to the locality and there is no chance of absconding. In such view of the matter learned counsel for the Petitioner contended the Petitioner 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 Petitioner on the ground that the injuries sustained by the injured is grievous in nature and in the event this Court is released the Petitioner on bail, there is an every possibility that the Petitioner may not cooperate with the trial and the same would cause delay in conclusion of the trial. 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, further taking into consideration the fact that the charge sheet has already been submitted in the meantime and the injured has been discharged from the hospital, 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. Release of the petitioner shall also be verification of fact that the injured has been discharged from the hospital and he is now hale and hearty.

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 it is found that the Petitioner is having any criminal antecedent, this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

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