Bharat Sah v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.11998 of 2022 Bharat Sah ....

Petitioner Mr. B.K. Behera-1, Advocate -versusState of Orissa ....

Opp. Party Mr. S.R.Roul, A.S.C.

CORAM:

JUSTICE G. SATAPATHY Order No.

ORDER

20.12.2022 01.

1.

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

2.

This is an application U/S. 439 of Cr.P.C. by the Petitioner for grant of bail in connection with Buguda P.S. Case No.348 of 2022 corresponding to G.R. Case No. 2306 of 2022 pending in the file of learned S.D.J.M., Berhampur for commission of offences punishable U/Ss. 420/379/411, on the allegation of cheating and committing theft of one gold chain and Mangalsutra.

3.

In the course of hearing of the bail application, Mr. B.K. Behera-1, learned counsel for the Petitioner submits that the theft and cheated items have already been recovered, but the Petitioner has been falsely implicated in this case. It is, accordingly prayed to grant bail to the Petitioner.

4.

Mr. S.R. Roul, learned A.S.C., strongly opposes the bail application of the Petitioner.

5.

Considering the rival submissions made, taking into consideration the nature and gravity of accusations raised against the Petitioner as also the gravity of offences and other surrounding

// 2 // circumstances including the pre-trial detention of the Petitioner and the progress of investigation as well as recovery of articles and regard being had to the punishment prescribed for the offence alleged against the petitioner, this Court admits the Petitioner to bail. 6.

Hence, the prayer for the bail of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper with further conditions that the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with and that the Petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 12 Noon for three months from the date of his release from the custody. The I.I.C.

, of jurisdictional Police Station shall not detain the Petitioner unnecessarily after recording his attendance beyond the time as stipulated. It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the Petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out.

7.

Accordingly, the BLAPL stands disposed of.

8.

Issue urgent certified copy of the order as per Rules. ( G. Satapathy) Judge Priyajit