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Rupia Khatei @ Upendra Khatei vs State Of Orissa

Orissa High Court · Decided on 1 June 2023 · Citation: (2023) 06 OHC CK 0044

HON’BLE JUDGES
G. Satapathy, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 294, 323, 341, 506
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 5750 Of 2023
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Judgment

13 paragraphs · 377 words

G. Satapathy, J

1.

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

2.

This is an application U/S. 439 of Cr.P.C. by the Petitioner for grant of bail in connection with Fategarh P.S. Case No. 37 of 2023 corresponding to G.R. Case No. 34 of 2023 pending in the Court of learned JMFC, Bhapur for commission of offence punishable U/Ss. 341/294/323/506 of IPC, on the allegation of assaulting and threatening the Informant.

3.

Heard Mr. A. Tripathy, learned counsel for the Petitioner as well as Mr. M.K. Mohanty, learned ASC in the matter of the present bail application.

4.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view the the manner and circumstance of implication of the present Petitioner and regard being had to all the offences except offence U/S. 506 being bailable in nature, this Court admits the Petitioner to bail.

5.

Hence, the bail application of the Petitioner stands allowed and the Petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the Petitioner shall not commit any offence while on bail

(ii) the Petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with

(iii) the Petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case

It is clarified that the Court in seisin of the case is at liberty to cancel the bail of the Petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the Petitioner in future for grave and serious offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

6.

Accordingly, the BLAPL stands disposed of.

7.

Issue urgent certified copy of the order as per Rules.

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