Subham Mehera 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 Kesinga P.S. Case No. 104 of 2023 corresponding to C.T. Case No. 95 of 2023 pending in the Court of learned JMFC, Kesinga for commission of offence punishable U/Ss. 147/148/294/341/323/325/307/379/506/149 of IPC, on the allegation of brutally assaulting the Informant and another, along with other 10 to 12 co-accused persons in furtherance of their common intention.

Heard Mr. P.K. Mishra, learned counsel for the Petitioner as well as Mr. S.K. Mishra, learned ASC in the matter of the present bail application. In the course of hearing of the bail application, learned counsel for the Petitioner supplies certified copy of the injury reports of injured persons which be kept on record.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view the the manner and circumstance of implication of the present Petitioner and regard being had to the pre-trial detention of the Petitioner and taking into account the nature and seat of injuries suffered by the injured persons, one of whom has suffered fracture of metacarpal of right hand and further taking into account the progress of investigation, 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 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 their 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 is 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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