Somanth Behera vs State Of Odisha

G. Satapathy, J

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

This is an application U/S.439 of Cr.P.C. by the Petitioner for grant of bail in connection with G.R. Case No.410 of 2022 arising out of Daspalla P.S. Case No.242 of 2022 pending in the file of learned J.M.F.C., Dasapalla for commission of offences punishable under Sections 302/294/323/324/147/148/341/149, on the allegation of committing murder of the deceased Bikash Behera.

In the course of hearing of the bail application, Mr. S.K. Mohanty, learned counsel for the Petitioner submits that all the allegations of assault and killing the deceased is directed against co-accused Mahendra Behera who is not the Petitioner in this case and the only allegation against the present Petitioner is his presence at the spot and the Petitioner having detained in custody since 22.12.2022 and charge-sheet having already been submitted, he may kindly be granted bail.

On the other hand, Mr. S.S. Roul, learned A.S.C., by placing the statement of one Subrat Kumar Pradhan @ Kanha submits that the deceased has made an oral dying declaration in which he has held the present Petitioner responsible for remaining present at the spot and pushing and pulling the deceased, but the learned A.S.C., however, fairly concedes that there is no allegation against the Petitioner for stabbing the deceased.

After having considered the rival submissions advanced on behalf of the parties and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view the manner and circumstance of implication of the Petitioner in this case and regard being had to the allegation of stabbing being directed against co-accused Mahendra Behera who is not the Petitioner in this case and the only allegation against the Petitioner is his presence, and pushing and pulling the deceased at the time of occurrence and taking into consideration the other circumstances on record in entirety including the pre trial detention of the Petitioner and submission of charge-sheet, 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) with two solvent sureties 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 jurisdiction Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 12 Noon for six (06) months from the actual date of his release from the custody.

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 grave and serious 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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