Rushi Garada vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This is an application under section 439 Cr.P.C. in connection with Rayagada P.S. Case No.227 of 2019 corresponding to C.T. Case No.61 of 2019 pending in the file of learned C.J.M. -cum- Asst. Sessions Judge, Rayagada for alleged commission of offences under sections 341/294/326/506/307 of the I.P.C.

The prayer for bail of the petitioner has been rejected by the learned Sessions Judge, Rayagada vide order dated 06.02.2024.

Learned counsel for the petitioner submitted that the petitioner was on bail during trial and he was all along taking steps in the case and on account of non-taking of steps on the date fixed, non-bailable warrant of arrest was issued against him on 14.07.2023 and he was apprehended by police and produced before the Court on 18.01.2024 and since then, he is in judicial custody. Learned counsel further submitted that the petitioner is ready and willing to cooperate with the learned trial Court for early disposal of the case and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the fact that the petitioner was earlier on bail and taking into account the period of detention in judicial custody, I am of the opinion that it is a fit case for grant of bail to the petitioner.

Let the petitioner be released on bail in the aforesaid case on furnishing of bail bond of Rs.50,000/-(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper to ensure his presence during trial with further condition that the petitioner shall appear before the trial Court on each date when the case would be posted for trial.

Violation of any of the terms and conditions fixed shall entail cancellation of bail.

The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.

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