Sibaram Das @ Shibaram Vs State Of Orissa

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 Salipur P.S. Case No.196 of 2023 arising out of G.R. Case No.631 of 2023 pending in the file of learned J.M.F.C., Salipur, for commission of offences punishable under Sections 341/ 323/ 324/ 326/ 307/ 379/ 34 of IPC, on the allegation of assaulting the injured and taking away Rs.12,000/- (Rupees Twelve Thousand) from him.

Heard, Ms. D.R. Nanda, learned counsel for the petitioner and Mr. G.N. Rout, learned ASC in the present matter and perused the record. Although, it is stated in the rejection order that no criminal antecedent has been reported against the petitioner, but in the Case Diary, the petitioner was stated to be an anti-social.

In view of the above facts and taking into consideration the rival submissions as also the nature and gravity of accusations raised against the petitioner and regard being had to the pre trial detention of the petitioner in custody since 06.09.2023 with submission of charge-sheet in the meanwhile and taking into account the other circumstance on record in entirety, this Court admits the petitioner to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only 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 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 2nd Sunday in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from the custody and

(v) the petitioner shall not directly or indirectly try to establish any contact with the injured or his family members or visit to their house till disposal of this case.

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 in future for similar offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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