Santosh Ratha @ Debu 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. 259/2024, arising out of Chauliaganj P.S. Case No.62 of 2024, pending in the Court of learned J.M.F.C.-I (Cognizance Taking), Cuttack for alleged commission of offence punishable under Sections 52(a)(i) of Odisha Excise Act, 2008, Section 273 of IPC.

Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 02.03.2024. He further contended that investigation has been concluded and charge sheet has been filed. The allegations made in the F.I.R., learned counsel for the Petitioner submitted that the Petitioner has been falsely implicated in the present case. Further submitted that the Petitioner has two similar criminal antecedents. Further contended that the petitioner belongs to the locality and there is no chance of absconding. In such view of the matter learned counsel for the Petitioner contended the Petitioner 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 Government Advocate on the other hand opposed the bail application of the Petitioner on the ground that the Petitioner is having two similar criminal antecedents. Further contended that in the event the Petitioner is released on bail, he might indulge in similar criminal offences. Therefore, on such ground, learned counsel for the State submitted that the bail application of the Petitioner 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 Petitioner on bail subject to imposition of stringent conditions.

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

I) shall make any default in attending the court during trial on each date without fail; and

II) shall appear before the jurisdictional Police Station once in a fortnight for a period of three months preferably on ‘Sunday’ in between 10.00 A.M. to 1 P.M.

It is further directed that the bail granted to the Petitioner is subject to depositing a cash security of Rs.10,000/- (Rupees Ten Thousands) of 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 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.

The BLAPL is, accordingly, disposed of.

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