Tapas Kumar Behera vs State Of Odisha

A.K. Mohapatra, J

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

Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State. Perused the materials placed before this Court.

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Belpada P.S.Case No.127 of 2024 corresponding to G.R.Case No.563 of 2024 pending in the Court of the learned S.D.J.M., Patnagarh for alleged commission of offence under Sections 294, 506, 507 of the Indian Penal Code read with Section 66(A), 66(E), 67 & 67(A) of I.T.Act, 2000.

It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 25.04.2024. It is also contended by the learned counsel for the Petitioner that in the meantime the investigation has been progressed substantially and Charge Sheet is likely to be filed very soon. Referring to the F.I.R. allegation, learned counsel for the Petitioner submitted that the Petitioner has been falsely implicated in the present case. There was relation between the Petitioner and the informant and finally the informant is trying to black mail the Petitioner while implicating the Petitioner in the present case. It is also contended by the learned counsel for the Petitioner that the Petitioner does not have any criminal antecedent. It is also contended that since the Petitioner belongs to the locality, there is no chance of his absconding. On such ground learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and conditions.

Learned Additional Government Advocate on the other hand objected to the release of the Petitioner on bail on the ground that the allegation made in the F.I.R. are serious in nature. He also contended that in the event the Petitioner is released on bail, there is every chance that the Petitioner may harass and humility the informant/victim. On such ground the bail application of the Petitioner be ejected.

Having heard learned counsels for the respective parties as well as on careful examination of the materials on record and considering the nature and gravity of the offence, this Court is inclined to grant bail to the Petitioner and it is directed that let the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.25,000/- (Rupees Twenty five thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. Release of the Petitioner shall be subject to the following terms and conditions:

I) The Petitioner shall not be involved in any offence of similar nature while on bail;

III) he shall not terrorise, influence or harass the informant and her family members

iii) shall not make any attempt to contact with the victim and shall not post and materials in social mediate in respect of the Petitioner.

iv) shall appear before the I.O. as and when required for the purpose of investigation.

v) shall appear before the trial court on each and every date fixed.

Violation of any of the terms and conditions shall entail cancellation of bail.

The BLAPL is, accordingly, disposed of.

Issue urgent certified copy of this order as per Rules.

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