Sanjay Kumar Lenka@ Sanju 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 Petitioner 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 Petitioner for regular bail in connection with G.R. Case No.261 of 2024, arising out of Chauliaganj P.S. No.64 of 2024, pending in the Court of learned J.M.F.C. (Cogn. Taking)-IV, Cuttack, for alleged commission of offence punishable under Section 394/307/34 of the I.P.C.

It   is   submitted   by   the   learned   counsel   for  the Petitioner that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioner is in custody since 09.03.2024. It is submitted by learned counsel for the petitioner that the petitioner stands in a similar footing with co-accused Mangu @ Manguraj Swain in BLAPL No.3463 of 2024 vide order dated 19.04.2024. He further submitted that in the meantime investigation has substantially progressed. He further contended that T.I. parade was conducted and the Petitioner has been identified in such T.I. parade. It has also been contended that the stolen articles have already been recovered in the meantime. Learned counsel for the Petitioner further contended that the Petitioner has two criminal antecedents and the same is not of similar nature. On such ground, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and conditions which he shall abide by while on bail.

Learned Additional Government Advocate appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that allegations made in the F.I.R. against the Petitioner are serious in nature. He further submitted that in the event the Petitioner is released on bail, there is every possibility that he might abscond from justice. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

Having heard the learned  counsels appearing for the respective parties and upon a conspectus of the surrounding facts and circumstances involved in the present bail application as well as the materials on record and further taking into consideration the aforesaid facts, this Court is inclined to release the Petitioner on bail.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.30,000/-(Rupees thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. The release of the Petitioner shall also be subject to such other terms and conditions as would be fixed by the Court in seisin over the matter. Violation of any of the terms and conditions shall entail cancellation of bail.

It is further directed that the bail granted to the Petitioner is subject to depositing a cash security of Rs.5,000/- (Rupees Five thousand) before the learned Court in seisin over the matter, which shall be kept in any Nationalized bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case.

It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner has any criminal antecedent. In the event it is found that the Petitioner has more than two criminal antecedents, then this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

Issue urgent certified copy of this order as per Rules.

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