Rajib Sagar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.3598 of 2022 Rajib Sagar ....

Petitioner M/s. A.R. Panda, Advocate -versusState of Orissa ....

Opp. Party M/s. S.S. Pradhan, A.G.A.

CORAM:

JUSTICE G. SATAPATHY Order No.

ORDER

21.11.2022 07.

1.

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

2.

This is an application U/S. 439 of Cr.P.C. by the Petitioner for grant of bail in connection with Jeypore Town P.S. Case No.272 of 2021 corresponding to G.R. Case No.941 of 2021 pending in the Court of learned S.D.J.M., Jeypore for commission of offence punishable U/Ss. 341/325/307/394/34 of the I.P.C., on the allegation of attempting to snatch away mobile phone of Abhi Harijan travelling in a Auto Rickshaw by assaulting on his head by means of nanchaku. 3.

In the course of hearing of the bail application, Mr.A.R. Panda, learned counsel for the petitioner submits that the petitioner is inside jail custody since 23.10.2021 and trial is yet to commence, but the petitioner being a young boy, his further detention in custody would be not in the interest of his wellbeing and, the petitioner therefore,

// 2 // may kindly be enlarged on bail.

4.

Learned counsel for the State on the other hand seriously opposes the bail application of the petitioner and submits that the petitioner is having one criminal antecedent to his credit and the victim is not yet recovered fully and, therefore, bail application of the petitioner may kindly be rejected.

5.

Considering the rival submissions made, nature and character of accusations levelled against the petitioner as also the nature of offences and the nature of injury sustained by the victim and regard being had to the pre trial detention of the petitioner and keeping in view the other circumstance on record in entirety, this Court considers the bail application of the petitioner favourably. 6.

Hence, the prayer for bail of the petitioner is allowed and the Petitioner be released on bail on furnishing bail bonds of Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned trial Court in seisin of the case on such terms and conditions as deem fit and proper with further conditions that the petitioner shall not leave the jurisdiction of the learned trial Court without prior permission till conclusion of the trial and that the petitioner shall attend the trial Court on each date of posting of the case unless his attendance is dispensed with and that the petitioner shall report attendance before the jurisdictional Police Station once in a week preferably on Saturday in between 10 A.M. to 12 Noon for six months from the date of his actual 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

// 3 // liberty to cancel the bail of the petitioner 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.

7.

Accordingly, the BLAPL stands disposed of.

8.

Urgent certified copy of the order be granted on proper application.

( G. Satapathy) Judge Kishore