Gopinath Rout @ Gopi vs State Of Odisha

R.K. Pattanaik, J

Heard learned counsel for the petitioner and Mr. Patra, learned ASC for the State.

Instant petition under Section 439 Cr.P.C. is filed for release of the petitioner on bail in connection with C.T. Case No.1173 of 2023 pending in the file of learned J.M.F.C.(V), Bhubaneswar, arising out of Dhauli P.S. Case No.170 of 2023 on the grounds stated therein.

Learned counsel for the petitioner submits that the petitioner is in judicial custody since last 5 months and as per the information received by him, the investigation is already concluded with the chargesheet filed in the meantime and hence, considering the aforesaid development, the petitioner should be enlarged on bail with any terms and conditions as would be fixed by the Court. That apart, parity is claimed for release of another accused, namely, Somu @ Soumya Ranjan Sahoo by the Court’s order dated 20th December, 2023 in BLAPL No.14036 of 2023.

Mr. Patra, learned ASC for the State on the other hand objects to the release of the petitioner on bail on the ground that he has six criminal cases to his credit and all are involving serious offences like extortion etc.

Admittedly, one of the accused persons is on bail by the Court’s order as at Flag-A. It is also admitted that the name of the petitioner has not been mentioned in the FIR, a copy of which is at Annexure-1. It is made to suggest that the petitioner’s involvement has been alleged and revealed during investigation. Mr. Patra, learned ASC for the State claims that the ocular witnesses’ statements recorded under Section 161 Cr.P.C. revealed such involvement of the petitioner. It appears that no one received injury though the petitioner and other accused persons are alleged of having committed the mischief damaging some vehicles.

Recording the submission that the investigation is already concluded and the fact that the petitioner is more or less similarly situated like other accused, namely, Somu @ Soumya Ranjan Sahoo besides his length of detention and that the investigation is over, the Court is of the view that he should be released on bail subject to stringent conditions, which are as follows.

Accordingly, it is ordered.

In the result, the petition under Section 439 Cr.P.C. stands allowed. Consequently, the petitioner is directed to be released on bail in connection with C.T. Case No.1173 of 2023 arising out of Dhauli P.S. Case No.170 of 2023 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties for the like amount each to the satisfaction of the learned J.M.F.C.(V), Bhubaneswar, who shall be at liberty to impose such other conditions as deemed necessary besides the following, such as, he shall submit an undertaking before the local PS not to involve himself in any such similar criminal activities, while on bail and report the IO once in a week preferably on Sunday between 10.00 AM and 1.00 PM and to continue to do so for a period of six months.

The BLAPL is disposed of.

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

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