Manas Dalai @ Manas Ku. Dalei @ Kathia v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.7031 of 2021 Manas Dalai @ Manas Ku. Dalei @ Kathia ....
Petitioner Mr. Satyabrata Senapati, Advocate -versusState of Orissa ....
Opposite Party Mr. M.K. Mohanty, A.S.C. for State
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
14.02.2022 02.
1.
This matter is taken up through Hybrid Arrangement Order No.
(Virtual/Physical Mode).
2.
Heard learned counsel for the Petitioner and learned counsel for the State. Perused the FIR and other relevant documents on record.
3.
This is an application under Section 439 Cr.P.C. filed by the Petitioner for bail in connection with Soro P.S. Case No.220 of 2021, corresponding to C.T. Case No.455 of 2021, pending in the file of learned J.M.F.C., Soro, for commission of alleged offences under Sections 457/395/397 I.P.C.
4.
Learned counsel for the Petitioner submits that Petitioner is in jail custody since the date of his arrest, i.e. 14.06.2021. He further submits that there is no specific allegation against the present Petitioner. Petitioner did not participate in the crime only his mobile phone used by his uncle, namely, Manoj Dalai. It is further
// 2 // submitted that Petitioner is a student and pursuing his study in Shyamarai Sanskrit College, Balasore.
5.
Learned counsel for the State vehemently objects the prayer for bail of the Petitioner and submits that if the Petitioner is released on bail, stringent conditions may be imposed on the accused Petitioner.
6.
Having heard learned counsel for the parties, 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.30,000/- (Rupees Thirty thousand) with one local surety for the like amount to the satisfaction of the learned court in seisin of the matter subject to conditions that the Petitioner shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever and cooperate in the trial of the case.
7.
Petitioner is also directed to appear before the local police station at an interval of every fifteen days between 11.00 A.M. to 1.00 P.M. on a working day once he comes out of the jail custody, till conclusion of the trial. It is further directed that the court in seisin of the matter to verify the criminal antecedents of the Petitioner and impose any additional condition(s), if situation so warrants. Deviation of any condition shall entail cancellation of the bail. 8.
With the above direction, the BLAPL is accordingly allowed.
9.
Issue urgent certified copy on proper application. (A.K. Mohapatra) Judge U.K.Sahoo