Tuka Samal & Others vs State Of Odisha

G. Satapathy, J

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

This is a bail application U/S. 439 of Cr.P.C. by the petitioners for grant of bail in connection with Salipur P.S. Case No.329 of 2023 corresponding to G.R. Case No. 1045 of 2023 pending in the Court of learned JMFC, Salipur for commission of offences punishable under Sections 147/148/341/323/324/307/294/506/149 of IPC, on the allegation of committing rioting being armed with deadly weapons and in the process, restraining the Informant and injured persons and brutally attacking and assaulting them along with others in prosecution of their common object.

Heard, Mr. R.Achary, learned counsel for the petitioners and Mr. S.N.Nayak, learned ASC in the matter and perused the record. It is brought to the notice of the Court that co-accused whose names find place in the FIR have already been granted pre-arrest bail by this Court in ABLAPL Nos. 13662 and 11593 of 2023.

After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the petitioners and keeping in view the pre-trial detention of the petitioners in custody since 29.02.2024 and taking into account the other factors on record including grant of pre-arrest bail to co-accused persons whose names find place in the FIR and regard being had to the other circumstance on record in entirety and release of co-accused Tapan Kumar Samal on bail in BLAPL No. 13288 of 2023, this Court admits the petitioners to bail.

Hence, the bail applications of the petitioners stand allowed and each of the petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only 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 petitioners shall not commit any offence while on bail,

(ii) the petitioners shall attend the trial Court on each date of posting without fail unless their attendance are dispensed with,

(iii) the petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and

(iv) the  petitioners  shall  report attendance before the Jurisdictional Police Station once in a fortnight preferably on a second Sunday of every month 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 petitioners unnecessarily after recording their 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 petitioners 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 petitioners 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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