Sandhyarani Naik 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 Petitioners 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 Petitioners for regular bail in connection with G.R. Case No.272 of 2024, arising out of Rairakhol P.S. Case No.115 of 2024, pending in the Court of learned SDJM, Rairakhol for alleged commission of offence punishable under Sections 364-A/365/386 of I.P.C.

Learned counsel for the Petitioners submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioners that the Petitioners are in custody since 30.04.2024. Learned counsel for the Petitioners submitted that the Petitioners investigation has been progressed substantially in the meantime. Further submitted that the husband of the informant fled away with lady to Rajasthan. Thereafter, the present Petitioners kept the husband of the informant and other lady and demanded a sum of Rs.90,000/- from the informant. Although such amount was paid to the Petitioners, the same has been recovered by the police. Further submitted that the victim has been rescued in the meantime. Further contended that the Petitioners do not having any criminal antecedent and. In such view of the matter learned counsel for the Petitioners contended the Petitioners 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 Petitioners on the ground that the allegations made in the F.I.R. are very serious in nature. Further submitted that investigation is still on, therefore, in the event the Petitioners are released on bail, the same would cause delay in conclusion of the investigation and trial. Therefore, on such ground, learned counsel for the State submitted that the bail application of the Petitioners 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, this Court is inclined to release the Petitioners on bail subject to imposition of stringent conditions.

Hence, it is directed that the Petitioners be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.

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 Petitioners be subject to the condition that the court below shall verify the criminal antecedent of the Petitioners. In the event each of the Petitioners are having any similar criminal antecedent, this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

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