Soumya Ranjan Pradhan 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 Prajanga P.S. Case No. 23 of 2023 corresponding to G.R. Case No. 26 of 2023 pending in the file of learned J.M.F.C., Parjang, for commission of offences punishable under Sections 399/402 of IPC read with Sec. 25 of Arms Act, on the main allegation of assembling in an isolated place and preparing to commit dacoity in some area.

In the course of hearing of the bail application, Ms. K. Panda, learned counsel for the Petitioner submits that the Petitioner is inside custody since 17.01.2023 and there is absolutely no material available on record to implicate the Petitioner for any offence. It is further submitted that after conclusion of the investigation, charge-sheet has already been submitted and the bail application of the present Petitioner has been rejected by and large on the ground that the good number of criminal antecedents of similar nature are pending against him. On these grounds, Ms. K. Panda, learned counsel prays to grant bail to the Petitioner.

On the other hand, Mr. S.R. Roul, learned ASC, however, strongly opposes the bail application of the Petitioner on the ground that cases of similar nature are pending against the Petitioner, but he could not clarify the number and nature of the cases pending against the petitioner.

After considering the rival submissions made 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 present Petitioner and regard being had to the the pre-trial detention of the Petitioner since 17.01.2023 and although the Petitioner has been detained in custody for last three months, but no criminal antecedent of the petitioner for similar nature of case has been brought to the notice of this Court and taking into consideration the other circumstances 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.25,000/- (Rupees Twenty Five 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 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 and

(iv) the Petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on Sunday in between 10A.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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