Dharmendra Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.4987 of 2022 Dharmendra Pradhan ....

Petitioner Mr.Sarat Kumar Jena, Advocate -versusState of Odisha ....

Opposite Party Mr. K. Das, ASC for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

17.06.2022 Order No.

01.

1.

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

2.

This is an application under Section 439 Cr.P.C. filed by the Petitioner for bail in connection with Barpali P.S. Case No.135 of 2022, corresponding to G.R. Case No.133 of 2022, pending in the file of learned J.M.F.C., Barpali, for commission of alleged offences under Sections 294/506/307 of I.P.C. 3.

Heard learned counsel for both the parties. Perused the FIR, Case Diary and statement of witnesses.

4.

Learned counsel for the Petitioner submits that Petitioner is languishing in jail custody since the date of his arrest, i.e. 17.05.2022. It is further submitted that due to silly misunderstanding, a false case has been foisted against the Petitioner and the FIR, statement recorded u/s.161 Cr.P.C. as

// 2 // well as injury report also do not make out a case against the Petitioner. That the Petitioner is a permanent resident of the locality, therefore, there is no chance to evade the trial of the case. It is also submitted that Petitioner is ready and willing to abide by any terms and conditions as would be fixed by this Court in the event of bail.

5.

Learned counsel for the State vehemently objects the prayer for bail of the Petitioner on the ground that he is involved in serious offences. Therefore, no leniency should be shown to the Petitioners. Accordingly, he prays for rejection of his bail application.

6.

Having regard to the facts and circumstances of the case, considering the nature and gravity of offences alleged and 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 the terms and conditions as would be deem fit and proper by the trial court. Failure to comply the terms and conditions as fixed by the trial court shall automatically revoke the order of bail. In such event, the trial court shall immediately issue NBW against the Petitioner and take him to judicial custody.

7.

With the above direction, the BLAPL is accordingly allowed.

// 3 // 8.

Issue urgent certified copy of this order on proper application.

(A.K. Mohapatra) Judge U.K.Sahoo