Bharat Bhainsal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL NO.9522 OF 2021 Bharat Bhainsal & Three Others ....

Petitioners Mr. S.K. Joshi, Advocate -versusState of Odisha ....

Opposite Party Mr. S.K. Nayak, AGA.

CORAM:

MR. JUSTICE D.DASH

ORDER

18.01.2022 01.

1.

This matter is taken up through video conferencing Order No.

mode.

2.

The Petitioner being in custody in connection with Khaprakhol P.S. Case No.13 of 2012 corresponding to G.R. Case No.34 of 2012 on the file of learned S.D.J.M., Patnagarh running for commission of offence under section - 147/148/353/332/436/149 of the IPC read with Section-7 of the Crl. Law Amdnement Act, have filed this application under section 439 of the Cr.P.C. for their release on bail. 3.

Heard learned counsel for the Petitioners and learned Counsel for the State.

4.

Taking into account the submissions made; further keeping in view the materials on records as those stand against the Petitioners with other surrounding circumstances including the period of detention of the Petitioners in custody and in the absence of any such impediment; while being inclined to grant

// 2 // bail to the Petitioners in the aforesaid case; it is directed that the Petitioners be released on bail on such terms and conditions as deemed just and proper by the Court in seisin of the case with further conditions that:-

1. they will not threaten or terrorize the prosecution witnesses in any manner;

2. will appear in person before the Court in seisin of the case on each date of posting of the case without fail;

3. will not leave the jurisdiction of the court till end of trial; and

4. will not indulge himself in any criminal activity.

Violation of any of the condition/s shall entail cancellation of bail.

5.

The BLAPL is accordingly disposed of.

6.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned Counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587 dated 25th March, 2020 as modified by Court's Notice No.4798 dated 15th April, 2021 and Court's Office order circulated vide Memo Nos.514 and 515 dated 7th January, 2022. (D.Dash) Judge Narayan