Sunil Kumar Behera @ Tima vs State Of Orissa

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.1558 of 2021 arising out of Khalikote P.S. Case No.710 of 2021 pending in the file of learned J.M.F.C., Khalikote, Ganjam for commission of offences punishable under Sections 392/394 of the IPC, on the allegation of snatching away Rs.7,000/- and one mobile phone from the possession of the informant at gun point.

In the course of hearing of the bail application, Mr. T.K. Acharya, learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case on the basis of confession of co-accused, which is inadmissible in the eye of law.

On the other hand, Mr. S.R.Roul, learned ASC, however, strongly opposes the bail application of the petitioner, but on being asked, learned ASC fairly submits that no TI parade has been conducted to identify the present petitioner.

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 FIR being lodged against unknown persons, but subsequently no TI parade being conducted to identify any suspect and taking into account the other circumstance on record in entirety including release of co-accused- Pintu Behera @ Pentu on bail in BLAPL No. 1056 of 2023, 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 local 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 Sunday in between 10 A.M. to 12 Noon for six(06) months from the actual date of 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 for any offence in future on prima facie accusations may be treated as a ground for cancellation of bail.

Accordingly, the BLAPL stands disposed of.

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

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