Raju Pradhan v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.4148 of 2022 Raju Pradhan ....
Petitioner Mr.M.K.Mohapatro, Advocate -versusState of Odisha ....
Opposite Party Mr. K.K.Nayak, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
19.05.2022 01.
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.
3.
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 Kishorenagar P.S. Case No.211 of 2021 corresponding to G.R.Case No.1148 of 20211 pending in the Court of the learned S.D.J.M., Athamallik for commission of an alleged offence under Section 379 of the Indian Penal Code.
4.
It is submitted by the learned counsel for the Petitioner that the Petitioner is languishing in jail custody since 17.03.2022 and after completion of investigation, the Investigating Officer submitted charge sheet in this case. It is also submitted by the learned counsel for the Petitioner that the Principal accused persons namely, Bauri Behera and Litu Nayak have been released on bail by this Court in BLAPL Nos.1308 and 2961 of 2022. It is also submitted by the learned counsel
// 2 // for the Petitioner that nothing has been seized from the exclusive possession of the Petitioner. It is further submitted by the learned counsel for the Petitioner that since the Petitioner is the inhabitant of Angul district, 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 is ready and willing to abide by the terms and 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 the release of the Petitioner may abscond from the locality and may not appear before the court during the time of trial. Accordingly, learned counsel for the Petitioner urges rejection of the bail application of the Petitioner. 7.
Considering the aforesaid submissions and keeping in view the entire facts of the case and the period of custodial detention of the Petitioner and keeping in view that the co-accused persons have been released on bail. 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 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 cooperate with the trial of the case and shall appear in trial court on each and every date to which the case is posted.
ii) shall not indulge in any offence of similar nature iii) shall not tamper with the prosecution evidence while on bail.
iv) shall not influence or threaten any prosecution evidence while on bail.
// 3 // v) 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