Janaki Ballav Maharana v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.6561 of 2021 Janaki Ballav Maharana ....

Petitioner Dr. S.K. Kanungo, Advocate -versusState of Odisha and another ....

Opposite Parties Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

08.02.2022 03.

1.

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

2.

Heard learned counsel for the Petitioner and learned counsel for the State. Perused the F.I.R., Case Diary and other relevant documents.

3.

This is an application under Section 439 of the Criminal Procedure Code.

4.

The Petitioner is an accused in G.R. Case No.675 of corresponding to Chauliaganj P.S. Case No.190 of 2021 pending in the court of learned J.M.F.C.(City), Cuttack for commission of offence punishable under Sections 25(1-A) and 25(1-AA) of the Arms Act.

5.

It is submitted by learned counsel for the Petitioner that the Petitioner is in custody since 24.05.2021 and other co-accused persons have already been released on bail by this Court. 6.

Learned counsel for the State vehemently opposes the prayer

// 2 // for bail of the Petitioner.

8.

Having heard learned counsel for the parties and considering the period of custodial detention of the Petitioner and the chargesheet has been submitted in the meantime and also other co-accused persons have already been released on bail by this Court, it is directed that let the Petitioner be released on bail by furnishing a bail bond of Rs.

50,000/- (rupees fifty thousand) with two local solvent surety each for the like amount to the satisfaction of the learned court in seisin over the matter subject to conditions that the Petitioner shall not get involved in any offence of similar nature while he is on bail, he shall not tamper with the prosecution evidence, try to threaten or influence the prosecution witnesses in any manner whatsoever, shall appear in court during trial on each and every date without fail and he shall appear before the concerned Police Station once in every week preferably on 'Sunday' in between 10.00 A.M. to 1.00 P.M.. Violation of any of the terms and conditions shall entail cancellation of bail granted hereby. It is open for the court in seisin over the matter to impose any conditions as may deem just and proper. 9.

The Bail Application is accordingly allowed.

10.

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

Jagabandhu ( A.K. Mohapatra ) Judge