S.B. Amrit Kumar @ Chandan vs State Of Odisha

G. Satapathy, J

BLAPL Nos.5898, 6017 & 7463 of 2023

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

Since all these bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.

These bail applications are U/S. 439 of Cr.P.C. by the petitioners for grant of bail in connection with Airfield P.S. Case No.103 of 2023 corresponding to C.T. Case No. 328 of 2023 pending in the Court of learned JMFC(Cog-1), Bhubaneswar being charge-sheeted for commission of offence punishable under Sections 364/395/397/120-B of IPC read with Section 28 of Arms Act, on the allegation of taking away the tanker of the Informant by putting the driver and helper in fear of death on the point of weapons and, thereby, demanding extortion of money for a sum of Rs. 4,00,000/-(Rupees Four Lakhs).

Heard, learned counsels for the parties in the matter and perused the record. It is brought to the notice of the Court that co-accused Priyaranjan Swain, Ashok Nayak and Deepak Jali have already been granted bail, but the Petitioners have been detained in custody since 26.04.2023. On being asked, Mr. S.R. Roul, learned ASC, confirms that none of the Petitioners have any criminal antecedents against them.

Considering the rival submissions vis-à-vis the materials placed on record including release of co-accused persons on bail and submission of charge-sheet in the matter, this Court admits each of the petitioners to bail.

Hence, the bail applications of the petitioners stand allowed and each of the petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/-(Rupees Fifty Thousand) 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 petitioners shall not commit any offence while on bail,

(ii) the petitioners shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with. In case the petitioners fail 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 petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case,

(iv) the petitioners shall report attendance before the Jurisdictional Police Station once in a week preferably on Sunday of every month in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from the custody and

(v) in case the petitioners misuse the liberty of bail and in order to secure their presence, proclamation U/S.82 of Cr.P.C. is issued and the petitioners fail to appear before the Court on the date fixed in such proclamation, then, the learned trial Court is at liberty to initiate proceeding against them for offence U/S.174-A of the IPC in accordance with law.

The I.I.C. of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording their 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 petitioners 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 petitioners in future for similar offences on prima facie accusations may be treated as a ground for cancellation of bail in this case

Accordingly, all these bail applications stand disposed of.

Urgent certified copy of the order be granted on proper application..

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