Birasena Digal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 331 of 2022 Birasena Digal and others ....

Petitioners Mr.Soubhagya Ku. Dash, Advocate -versusState of Odisha ....

Opposite Party Mr.T.K.Praharaj, Standing Counsel

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

01.02.2022 1.

1.

This matter is taken up through Video Conferencing mode. 2.

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioners for bail in connection with Raikia P.S.Case No.45 of 2021, corresponding to C.T. Case No.132 of 2021, pending in the Court of the learned J.M.F.C., G.Udayagiri for alleged commission of offences under Sections 294,341,363,376(2)(n),354,323/34 of the Indian Penal Code. 3.

Upon consideration of the submissions made by the respective parties as well as on perusal of the records and on consideration of the peculiar facts and circumstances of the case and considering the fact that charge sheet has been filed in this case and the main accused is in custody, I am inclined to release the Petitioners on bail in the above case, on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with one local solvent surety each for the like amount to the satisfaction of the learned court in seisin over the matter subject to condition that the Petitioners shall not indulge in such type of

// 2 // offence while on bail and shall not tamper with the evidence and threaten the victim in any manner whatsoever. Further, it is open to the court in seisin over the matter to impose any additional condition (s), if situation so warrants. Violation of any conditions shall entail cancellation of bail.

4.

The BLAPL is accordingly disposed of.

5.

As the restrictions due to resurgence of COVID -19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Court's Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

RKS ( A.K. Mohapatra ) Judge