Bidyadhar Baliarsingh v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.376 of 2022 Bidyadhar Baliarsingh ....
Petitioner Mr. Sanjit Mishra, Advocate -versusState of Odisha ....
Opposite Party Sk. Zafarulla, A.S.C. for State
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
01.02.2022 Order No.
01.
1.
This matter is taken up through Video Conferencing mode. 2.
Heard learned counsel for both the parties and perused the records.
3.
This is an application under Section 439 Cr.P.C. filed by the Petitioner for bail in connection with Chandaka P.S. Case No.119 of 2021, corresponding to C.T. Case No.104 of 2021, pending in the court of learned 4th Additional Sessions Judge, Bhubaneswar, for commission of alleged offences under Sections 341/323/324/376/ 307/294/511 I.P.C.
4.
Learned counsel for the Petitioner submits that Petitioner is no way connected in the alleged offences and the allegations leveled against him are false and fabricated one due to previous dispute between the petitioner and the husband of the informant. It is further submitted that the injuries sustained by the informant are simple in nature. Learned counsel for the Petitioner also submitted that the
// 2 // Petitioner has been arrested in the above case and languishing in jail custody since the date of his arrest, i.e. 04.06.2021. 5.
Learned Additional Standing Counsel for the State vehemently objected to the bail of the Petitioner. However, he submits that if the Petitioner is released on bail, stringent conditions may be imposed on the accused Petitioner. He further submits that charge-sheet in the case has already been submitted. 6.
In such view of the matter and having heard learned counsel for the parties and considering the period of detention of the Petitioner, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned court in seisin of the matter subject to conditions that the Petitioner shall cooperate with the investigation and shall not threaten the witnesses or tamper with the evidence in any manner, whatsoever.
7.
Petitioner is also directed to appear before the local police station at an interval of every fifteen days between 11.00 A.M. to 1.00 P.M. on a working day once he comes out of the jail custody, till conclusion of the trial. It is further directed that the court in seisin of the matter to verify the criminal antecedents of the Petitioner and impose any additional condition(s), if situation so warrants. This order shall remain valid in the event the court in seisin of the matter is satisfied that Petitioner has no criminal antecedents. 8.
With the above direction, the BLAPL is accordingly allowed.
// 3 // 9.
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 as modified by Court's Notice No.4798, dated 15th April, 2021 and Office Order dated 7th January, 2022. (A.K. Mohapatra) Judge U.K.Sahoo