Ratikanta Satapathy v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2532 of 2022 Ratikanta Satapathy ....

Petitioner Mr.B.R.Mohanty, Advocate -versusState of Odisha ....

Opposite Party Mr. K.K.Nayak, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

18.05.2022 03.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner as well as the learned Additional Standing Counsel for the State.

4.

This is an application under Section 439 of the Criminal Procedure Code filed by the Petitioner to release him on regular bail in connection with Anandapur P.S. Case No.49 of 2022 corresponding to G.R.Case No.49 of 2022 pending in the Court of the learned S.D.J.M., Anandapur for commission of an alleged offence under Sections 342,294,506 of the Indian Penal Code.

5.

It is submitted by the learned counsel for the Petitioner that the Petitioner is languishing in jail custody since 04.03.2022 and the Investigating Agency after completion of investigation submitted charge sheet in this case. It is further contended by the learned counsel for the Petitioner that the Petitioner was not in intoxicated stage at the time of occurrence, but he was in mental stress due to his family affairs. He has also no criminal antecedent. It is submitted by the

// 2 // learned counsel for the Petitioner that since the Petitioner is the inhabitant of Jajpur district and a Government servant, there is no chance of his absconding or fleeing from receiving justice. In the event of his release by this Court, the Petitioner shall appear before the trial court on each date of posting of the case and he is ready and willing to abide by the conditions that may be imposed by this Court. 6.

Learned counsel for the State on the other hand opposes the prayer for bail of the Petitioner and submits that since the Petitioner has committed a gross blunder and serious offence towards a lady Judicial Officer insider her chamber in presence of her staff and other advocate , the Petitioner deserves no leniency in granting bail. 7.

Having heard learned counsel for the parties and considering the nature and gravity of the allegation made in the F.I.R. as well as the custodial detention of the Petitioner this court is inclined to grant bail to the Petitioner and it is directed that let the Petitioner be released on bail in the aforesaid 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 the following terms and conditions i) he shall appear before the concerned Police Station once in a week preferably on Sunday between 10 A.M. to 1 P.M. till conclusion of trial.

ii) shall cooperate with the trial of the case and shall appear in trial court on each and every date to which the case is posted.

iii) shall not indulge in any offence of similar nature iv) shall not tamper with the prosecution evidence while on bail.

v) shall not influence or threaten any prosecution witnesses while on bail.

// 3 // vii) Violation of any of the terms and conditions shall entail cancellation of bail.

8.

The trial court may also impose any other condition(s) as deem fit and proper.

9.

The Bail Application is accordingly disposed of. 10.

Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge