Manish Lodhi vs State Of Odisha

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.55 of 2024, arising out of Borigumma P.S. Case No.26 of 2024, pending in the Court of learned J.M.F.C., Boriguma, for alleged commission of offences punishable under Sections 279, 337, 338 & 304 of I.P.C read with 185 of M.V Act

It is submitted by the learned counsel for the Petitioner that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioner is in jail custody since 27.01.2024. He further contended that in the meantime, investigation has substantially progressed. He further contended that the incident which has been narrated in the F.I.R. is a result of an accident. He further submitted that the death of the deceased in the present case is an accidental and the same is not homicidal. Therefore, no foul pay can be attributed to the present Petitioner. Learned counsel for the Petitioner further contended that although the Petitioner could not belong to the State of Odisha, however, he is ready and willing to abide by any terms and conditions that would be imposed by this Court in the event the Petitioner is released on bail.

Learned counsel for the State, on the other hand, opposed the release of the Petitioner on bail on the ground that due to rash and negligent conduct of the present the Petitioner, three persons have lost their in motor accident. He further contended that since the Petitioner does not belong to the State of Odisha, therefore, there is every possibility he might abscond from justice which would cause eventually cause delay in conclusion of the investigation as well as trial. On such ground, learned counsel for the State submitted that the prayer for bail of the Petitioner be rejected at this stage.

Having heard the learned counsels appearing for the respective parties and the materials on record as well as upon a conspectus of the surrounding facts and circumstances involved in the present bail application and the nature and gravity of the allegation made in the F.I.R. and further keeping in view the period of custodial detention of the Petitioner, this Court is inclined to release the Petitioner on bail.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.40,000/-(Rupees forty thousand) with one local solvent surety for the like amount to the satisfaction of the Court in seisin over the matter. Further, the release of the Petitioner shall also be subject to the following condition:-

I) The Petitioner shall file an affidavit before the trial court indicating therein his residential details and other details like Aadhar number, mobile phone number before the jurisdictional police station and the release of the Petitioner shall be subject to verification of the aforesaid details and such details as would be furnished by any relative of the Petitioner in the shape of an affidavit; and

II) he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever;

III) he shall not make any default in attending the court during trial on each date without fail; and

IV) he shall appear before the I.O. as and when required; and

V) he shall keep the jurisdictional police station informed about his whereabouts and any change in his address or contact number.

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

It is open to the Court in seisin over the matter to impose any other conditions as may be deemed just and proper.

The BLAPL is, accordingly, disposed of.

Issue urgent certified copy of this order as per Rules.

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