Sonu Sonkar v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3600 of 2022 Sonu Sonkar and others ....
Petitioners Mr. A. K. Raut, Advocate -versusState of Odisha ....
Opposite Party Mr. K.K. Nayak, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
17.05.2022 01.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
Heard learned counsel for the Petitioners and learned counsel for the State. Perused the F.I.R., case diary and other relevant documents as well as statement of the witnesses. 3.
This is an application under Section 439 of the Criminal Procedure Code.
4.
The petitioners are accused in C.T. Case No.678 of 2022 arising out of Jharsuguda P.S. Case No.159 of 2022 pending in the court of learned S.D.J.M., Jharsuguda for commission of offence punishable under Sections 341/294/307/506/34, I.P.C. 5.
It is alleged that while movie was running at about 11.00 P.M., some of the accused persons objected and abused in filthy languages. Hence, the present case.
// 2 // 6.
It is submitted by learned counsel for the Petitioners that the Petitioners are in custody since 31.03.2022 and investigation of the case has been completed and charge-sheet in the case has been submitted. He also submits that the petitioners do not have any criminal antecedents and further, he submits that there is no scope for absconding or fleeing from the hands of the justice and that the Petitioners are local persons and that the bail application of the petitioner may be considered.
7.
Mr. K.K. Nayak, leaned Additional Standing Counsel for the State, vehemently, opposes the prayer for bail of the Petitioners and submits that they will create disturbances in their locality and also they will influence the prosecution witnesses. 8.
Having heard learned counsel for the parties and considering the period of custodial detention of the Petitioners, it is directed that let the Petitioners be released on bail on furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) each with one local solvent surety each for the like amount to the satisfaction of the learned court in seisin over the matter subject to conditions that :- I.
The Petitioners shall not be involved in any offence of similar nature;
II.
they shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever;
III. they shall not make any default in attending the court during trial on each date without fail; IV. they shall appear before the concerned Police
// 3 // Station once in a week preferably on 'Sunday' in between 10.00 A.M. to 1.00 P.M. till conclusion of trial; and Violation of any of the terms and conditions shall entail cancellation of bail.
9.
It is open for the court in seisin over the matter to impose other conditions as may be deemed just and proper. 10.
It is further directed that the bail granted to the Petitioner is subject to the condition that learned court below shall verify whether the Petitioner has any criminal antecedents of similar nature. In the event it is found that the Petitioner has any criminal antecedents, this bail order shall automatically stand revoked. 11.
The Bail Application is accordingly disposed of. Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra ) Judge Jagabandhu