Biswanath Senapati vs State Of Orissa

A.K. Mohapatra, J

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

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with G.R. Case No.214 of 2024, arising out of Nirakarpur P.S. Case No.74 of 2024, pending in the Court of learned N.G.N.-cum-J.M.F.C., Tangi for alleged commission of offence punishable under Sections 467/379/468/471 of the IPC.

Learned counsel for the Petitioner submits that earlier this matter was not before any other bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 12.03.2024. It is submitted by the learned counsel for the Petitioner that No.l is the driver and petitioner No.2 is the owner of the alleged vehicle from which the contraband article was seized. Additionally, learned counsel for the Petitioner submitted that the Petitioners do not have any similar criminal antecedent. It is also contended that the Petitioners are permanent residents of the locality and undertake to cooperate with the investigation and abide by any terms and conditions imposed by this Hon’ble Court. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition which the Petitioner undertakes to abide by while on bail.

Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that in case of the Petitioner is released, he might indulge in similar criminal offences. In such view of the matter, considering the nature of allegation made in the FIR and that the offences of the similar nature are on a rise in the State of Odisha, the Learned Additional Government Advocate Opposed the bail application of the Petitioner.

Having heard the learned counsels appearing for the respective parties and on a careful examination of the surrounding facts and circumstances of the present case and further keeping the view the period of detention of the Petitioner in jail custody, as well as the gravity of the allegation against the Petitioners, and that the Petitioners are first-time offenders and they have no similar criminal antecedents, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing 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 Court in seisin over the matter.

Further, the released of the Petitioners shall also be subject to the following conditions;

i) he shall not indulge in similar nature of offence while on bail;

ii) shall not allow the alleged vehicle to be used in any other offence.

iii) shall appear before the Court on each and every date fixed without fail;

iv) shall cooperate with the I.O. during the investigation;

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

Accordingly, the BLAPL stands disposed of.

.…………………………….