Karan Bagh@ Sridhar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10996 of 2021 Karan Bagh @ Sridhar ....

Petitioner Mr. A. Mishra, Advocate -versusState of Odisha ....

Opp. Party Mr. Sk. Zafarulla, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

24.01.2022 01.

1.

This matter is taken up through Video Conferencing Mode. 2.

Heard learned counsel for the parties. 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.760 of 2021 corresponding to Jeypore Sadar P.S. Case No.219 of 2020 pending in the court of learned S.D.J.M., Jeypore for commission of offence punishable under Sections 294/392/452/427/506/34, I.P.C. 5.

It is alleged that the present Petitioner along with another came to the hotel and asked for free bear. When the informant denied, there was a quarrel between them and the Petitioner assaulted the informant and then took away a sum of Rs.12,730/- from the cash counter and fled away.

6.

It is submitted by learned counsel for the Petitioner that the petitioner has been falsely implicated in this case and is in custody since 06.09.2021.

// 2 // 7.

Learned counsel for the State vehemently opposes the prayer for 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.50,000/- (rupees fifty thousand) with two local solvent sureties 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 or try to threaten or influence the witnesses in any manner whatsoever and shall appear in court during trial on each and every date without fail. After release on bail, the Petitioner shall appear before the concerned Police Station once in every fifteen days preferably on 'Sunday' 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.

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