Silu @ Pramod Behera And Others Vs State Of Odisha

M.S. Sahoo, J

The BLAPL has been filed by the petitioners seeking their release on bail, under Section 439 Cr.P.C., the petitioners are in jail custody in connection with Handapa P.S. Case No.134 dated 10.06.2023 corresponding to G.R. Case No.546 of 2023 pending in the court of learned S.D.J.M., Athmallik, for alleged commission of offences under Sections 395/506 of IPC read with Sections 25 & 27 of Arms Act. The application for bail before the learned Additional Sessions Judge, Athmallik was rejected by order dated 17.06.2023 in Bail Application No.186 of 2023.

Learned counsel for the petitioners refers to the affidavit dated 04.01.2024 filed on behalf of each of the petitioners. It is submitted that the petitioner nos.1 and 2 are having past allegations of criminal activity against them but given a chance they shall abide by all the terms and conditions that would be imposed for grant of bail.

It is further submitted that the petitioner nos. 3 and 4 do not have past allegations of criminal activity.

Learned Addl. Standing Counsel upon instruction from the investigating agency submits that contents of the affidavit filed on behalf of the petitioners is in sync with the police report.

It is submitted by the learned counsel for the petitioners that the petitioners are in custody since 11.06.2023 and in the meanwhile, the Final Prosecution Report has been submitted. It is submitted considering the age of the petitioners, they may be shown indulgence as far as prayer for bail is concerned.

It is submitted that the petitioners are local residents and shall subject themselves to the jurisdiction of the learned court in seisin of the matter and shall abide by the terms and conditions that would be imposed if the Court is inclined to grant bail to the petitioner.

The learned Additional Standing Counsel for the State opposes the prayer for bail referring to the materials contained in the case diary and the nature of allegations.

However, it is not disputed that the Final Prosecution Report has already been submitted.

Having heard the learned counsel for the petitioner and learned Additional Standing Counsel for the State, considering the materials on record and also considering the age of the petitioners they should be given an opportunity to go back to the community to lead normal social life which would help him, this Court is inclined to grant bail to the petitioners subject to such stringent terms and conditions that would be imposed by the learned court in seisin of the matter, which shall also include the following conditions:

Two sureties for an amount to the satisfaction of the learned court in seisin of the matter, out of the two sureties one shall be a family member of each of the petitioners and the other shall be a local person;

the court in seisin of the matter shall ensure and verify the credential of the sureties, the court shall direct and record its satisfaction;

the petitioners shall not in any manner make any inducement, threat or promise to the prosecution witnesses so as to dissuade them from disclosing truth before the court and shall not tamper with the evidence;

the petitioners shall not indulge themselves in similar activity;

the petitioners shall surrender their passport if any, before the learned court in seisin of the matter and will not leave India without prior permission of the Court and in the event the petitioners have not been issued with any passport, they would submit an affidavit stating the said fact;

the petitioners shall appear before the concerned authority as would be so required for the purpose; they shall appear before the police having jurisdiction of their area of residence, if directed by the learned court in seisin of the matter in the manner to be decided by the learned court;

the petitioners shall fully cooperate with the ongoing further investigation and make themselves available anywhere as and when required for such purpose;

the petitioners shall be available to be contacted over mobile phone and such phone should remain active and normally not be changed, and in case of any change of mobile number of the petitioner for any bona fide reason, the same shall be communicated to the Investigating Agency;

the petitioners shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial;

the petitioners shall not indulge in any criminal activity or commission of any crime after being released on bail; In case of their involvement in any other criminal activities or breach of any condition imposed for grant of bail, the investigating agency shall file petition for cancellation of bail;

The BLAPL is disposed of.

It is clarified that any observations made in this order shall not be construed to be the opinion of this Court regarding the merits of the contentions that would be raised in the pending trial before the learned court in seisin by either of the parties to the present petition.

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

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