Uttam Kumar Dipa vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Biramaharajpur P.S. Case No.52 of 2021 corresponding to S.T. Case No.23 of 2022 pending in the Court of learned Sessions Judge, Sonepur for alleged commission of offences under section 395/216(A)/120-B of the Indian Penal Code read with sections 25/27 of the Arms Act.

The petitioner moved an application for bail before the Court of learned Sessions Judge, Sonepur, which was rejected on 16.05.2022.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 23.03.2021 and when he earlier approached this Court for bail in BLAPL No.4489 of 2021, as per the order dated 08.12.2021, the bail application of the petitioner was rejected since he was identified in the test identification parade, however, liberty was granted to the petitioner to renew the prayer for bail after examination of the identifying witness in the learned trial Court. Learned counsel further submitted that in the meantime, trial has commenced and P.W.4 is the informant, who is also the identifying witness not only identified the petitioner but also two of the co-accused persons Manas Ranjan Chaulia and Abdul @ Shardul Gaigaria, who have been granted bail by this Court in BLAPL No.5624 of 2021 and BLAPL No.9915 of 2022 respectively and therefore, the bail application of the petitioner may be favourably reconsidered.

Learned counsel for the State has produced the written instruction dated 11.05.2023 received from the Inspector in-charge of Biramaharajpur Police Station from which it appears that the petitioner is having no criminal antecedent. The written instruction is taken on record.

Considering the submissions of the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody, release of the co-accused persons on bail, progress of the trial so far and since the petitioner is having no criminal antecedent, I am inclined to reconsider the prayer for bail and direct release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing bail bond 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 over the matter with such terms and conditions as the learned Court may deem just and proper including the conditions that the petitioner shall not indulge in any criminal activities, shall appear before the learned trial Court when the case would be posted for trial and shall not try to tamper with the prosecution witnesses.

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

BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

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