Sajan Behera vs State Of Orissa

G. Satapathy, J

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

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Marsaghai P.S. Case No.336 of 2023 corresponding to G.R. Case No.1752 of 2023 pending in the file of learned S.D.J.M., Kendrapara, being charge-sheeted for commission of offences punishable Under Sections 120-B/364/302/201/34 of IPC r/w Section 25/27 of Arms Act, on the allegation of kidnapping and committing murder of the deceased Bibhu Sahoo by using fire arms and causing disappearance of evidence to screen himself from the legal punishment, pursuant to a conspiracy entered into with co-accused persons in furtherance of their common intention.

Heard, Mr. S.C. Mohapatra, learned Senior Counsel for the petitioner and Mr. S.S.Pradhan, learned AGA in the present matter and perused the record. Mr.Mohapatra, learned Senior Counsel files the certified copy of judgment passed in ST Case No. 353 of 2016 by the learned Addl. Sessions Judge, Kendrapara, wherein the petitioner was acquitted of the charge for offence U/s. 302 of IPC. The above documents be kept on record.

It is brought to the notice of the Court that the main item of material by which the petitioner has been implicated in this case is the statement of two witnesses in which they have stated to have seen the henchman of present petitioner in abducting the deceased and also confession of co-accused regarding hatching of conspiracy to eliminate the deceased.

In view of the above facts and having taken into consideration the rival submissions as well as regard being had to the nature of allegations raised against the petitioner and the mode and manner of implication of the petitioner in this case and further taking into account the material so produced by the investigating agency to implicate the present petitioner and last but not the least, although the petitioner is having some criminal antecedent including one case of murder, but he having acquitted for the charge of murder and keeping in view the pre-trial detention of the petitioner in custody since 11. 09.2023 with submission of charge sheet in the meanwhile and release of co-accused Raja @ Rajkishore Lenka and Kuna @ Sukanta Das on bail in BLAPL Nos. 11828 & 11825 of 2023, this Court without expressing any opinion on the merits of the case, grants bail to the petitioner.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with two solvent sureties each 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 in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law,

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving his present address of stay and

(iv) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on 2nd Sunday of each month in between 10 A.M. to 12 Noon for six(06) months from the actual date of his release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be 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 similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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