Prasanta Putel v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.11026 of 2021 Prasanta Putel ....

Petitioner Mr.Suryakanta Dwibedi, Advocate -versusState of Odisha ....

Opposite Party Mr. S.N. Das, ASC for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

24.01.2022 Order No.

01.

1.

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

Heard learned counsel for both the parties and perused the records.

3.

This is an application under Section 439 Cr.P.C. filed by the Petitioner for bail in connection with Kantamal P.S. Case No.116 of 2019, corresponding to C.T. Case No.190 of 2019, pending in the court of learned J.M.F.C., Kantamal, for commission of alleged offence under Section 395 I.P.C.

4.

Learned counsel for the Petitioner files copy of the 161 statement of the informant in Court today, which is taken on record. It is submitted that the co-accused persons, similarly situated, have already been released on bail by this Hon'ble Court in BLAPL Nos. 6907/2019, 7431/2019 and 7643/2019. Further it is submitted that charge-sheet has been submitted in this case under Section 395 I.P.C. It is also submitted that Petitioner is languishing in jail custody since the date of his arrest, i.e. 04.10.2021. 5.

Learned Standing Counsel for the State vehemently objected to the bail of the Petitioner. However, he submits if the Petitioner is

// 2 // released on bail, stringent conditions may be imposed on the accused Petitioner.

6.

Having heard learned counsel for the parties and considering the period of detention of the Petitioner, it is directed that the Petitioner be released on bail on furnishing bail bond of Rs.30,000/- (Rupees Thirty thousand) with one solvent surety for the like amount to the satisfaction of the learned court in seisin of the matter subject to conditions that the Petitioner shall cooperate with the investigation and shall not threaten the witnesses or tamper with the evidence in any manner, whatsoever.

7.

With the above direction, the BLAPL is accordingly allowed.

8.

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. (A.K. Mohapatra) Judge U.K.Sahoo