Muna@ Khageswar Purty v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.10635 of 2021 Muna @ Khageswar Purty ....
Petitioner Mr. B.K. Pardhi, Advocate -versusState of Odisha ....
Opp. Party Mr. K.K. Nayak, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
21.01.2022 01.
1.
This matter is taken up through Video Conferencing Mode. 2.
Heard Mr. B.K. Pardhi, learned counsel for the Petitioner and Mr. K.K. Nayak, 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.1626 of 2021 corresponding to Keonjhar Sadar P.S. Case No.405 of 2021 pending in the court of learned S.D.J.M., Keonjhar for commission of offence punishable under Sections 314/323/294/379/307/34, I.P.C. 5.
It is alleged that there was a mass agitation and the present Petitioner along with another persons reached there and abused them in filthy language and threatened them of dire consequences. 6.
It is submitted by learned counsel for the Petitioner that the Petitioner has been falsely implicated in the case and he is in custody since 01.10.2021 and that the Petitioner is innocent. 7.
Learned counsel for the State vehemently opposes the prayer for
// 2 // bail of the Petitioner.
8.
Having heard learned counsel for the parties and considering the period of detention of the Petitioner, it is directed that let the Petitioner be released on bail by furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) with one local solvent surety for the like amount to 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 in any manner whatsoever and shall appear in court during trial on each and every date without fail. 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.
As the restrictions due to resurgence of COVID -19 situation are continuing, learned counsel for the parties may utilize a print out 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 Office Order dated 7th January, 2022.
Jagabandhu ( A.K. Mohapatra) Judge