Sanjay Das vs State Of Odisha

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 G.R. Case No.1415 of 2023 arising out of Khallikote P.S. Case No. 531 of 2023 pending in the file of learned J.M.F.C., Khallikote, Ganjam for commission of offences punishable under Sections 399/402 of the IPC r/w Section 4 & 5 of E.S. Act r/w Section 25(1-B) of the Arms Act, on the allegation of assembling in an isolated place at Megha Nursery near Badaghati being armed with fire arms and crude bombs, and preparing to commit dacoity in some areas.

Heard, Mr.K.P.Dash, the learned counsel for the petitioner and Mr. S.N.Nayak, learned ASC in the matter and perused the record.

After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the pre-trial detention of the petitioner in custody since 03.11.2023 with submission of charge sheet in the meanwhile and on going through the materials placed on record and release of co-accused Neheru Pahan on bail in BLAPL No.12472 of 2023, this Court admits the petitioners to bail.

Hence, the bail bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two solvent sureties 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,

(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on a 2nd Sunday in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from their 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 for similar type of offences in future on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the four bail applications stand disposed of.

Issue urgent certified copy of the order as per Rules.

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