Jayanta Bag @ Bunty vs State Of Odisha And Others

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 Petitioner for grant of bail in connection with Rengali P.S. Case No. 157 of 2018 corresponding to Spl. G.R. Case No. 69 of 2018 pending in the Court of learned Adhoc ADJ(FTSC), Sambalpur for commission of offences punishable Under Sections 363 of IPC r/w Under Section 3(1) (iv) of the SC ST (PoA ) Act.

Mr. S. Debata, learned counsel by filing Vakalatnama enters appearance for OP No.4. Mr. G.K. Rath, learned counsel for the Petitioner by filing a memo prays to delete the name of OP Nos.2 and 3 and accordingly, the name of OP Nos. 2 and 3 are deleted. The same be kept on record.

Heard, Mr. G.Rath, learned counsel for the Petitioner, Mrs. S.R. Sahoo, learned ASC and Mr. S. Debata, learned counsel for OP-4 in the matter of the present bail application and perused the record. At the outset, it is brought to the notice of the Court that the Petitioner was earlier granted bail, but when he did not appear in the Court on one day, NBW was issued and accordingly, he was taken into custody, but in the meanwhile, he has already remained in custody for more than 5 months. Further, it is also brought to the notice of the Court that the warrant was issued by the Court in seisin of the case on 14.03.2023.

In view of the above situation and taking into consideration the fact that the Petitioner has been taken into custody in a bail jump matter, this Court after taking into consideration the custody period of the Petitioner grants him bail.

Hence, the bail application of the Petitioner stands allowed and the Petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with two solvent sureties 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 Petitioner shall not commit any offence while on bail,

(ii) the Petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with,

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

(iv) the Petitioner shall report attendance before the jurisdiction Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 12 Noon for six (06) months from the actual date of his release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the Petitioner unnecessarily after recording his 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 Petitioner 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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