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High CourtsSingle Bench(2023) 05 OHC CK 0232

Banamali Naik vs State Of Odisha

Orissa High Court · Decided on 17 May 2023

HON’BLE JUDGES
V. Narasingh, J
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 5270 Of 2023

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Judgment

14 paragraphs · 368 words

V. Narasingh, J

1.

Heard learned counsel for the Petitioner and learned counsel for the State.

2.

The Petitioner is an accused in connection with G.R. Case No.143 of 2023, pending before the Court of the learned S.D.J.M., Patnagarh, arising out of Belpada P.S. Case No.35 of 2023 for alleged commission of offences under Sections 452/294/506 IPC.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Patnagarh, by order dated 08.05.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is alleged that the Petitioner along with co-accused entered the college premises and demanded ransom from the Principal and also committed theft of CCTV Camera.

5.

It is submitted by the learned counsel that the Petitioner is in public life and because of espousing to the cause of the people he  has been falsely implicated in the case at hand due to extraneous consideration.

6.

It is further submitted that the co-accused, namely, Jhari Behera has already been released on bail by the learned Court in seisin.

7.

Learned counsel for the State opposes the prayer during currency of investigation and also in view of criminal antecedent of the Petitioner.

8.

The same is fortified by an affidavit filed by the learned counsel for the Petitioner in Court regarding his criminal antecedents. The same is taken on record.

9.

Considering the nature of allegation, period of custody and the punishment prescribed, this Court directs the Petitioner to be to be released on bail on such terms to be fixed by the learned Court in seisin.

10.

Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the Court in seisin. Petitioner shall not threaten the Informant and/or her family members. It shall be open to the prosecution to seek variance of this order in the event there is any threat perception.

11.

Accordingly, the BLAPL stands disposed of.

12.

Urgent certified copy of this order be granted as per rules.

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