Ranjit Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.12387 of 2022 Ranjit Behera ....

Petitioner Mr. M.K. Mohapatro, Advocate -versusState of Orissa ....

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

CORAM:

JUSTICE G. SATAPATHY Order No.

ORDER

23.12.2022 02.

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 2(b)CC Case No.39 of 2022 corresponding to Offence Report No. 91-B of 2022-23 pending in the file of learned S.D.J.M., Athmallik for commission of offence punishable U/S. 51 of the Wild Life Protection Act, on the allegation of poaching a leopard.

3.

In the course of hearing of the bail application, Mr. M.K. Mohaptro, learned counsel for the Petitioner by filing the copy of order passed in BLAPL No. 11546 of 2022 submits that co-accused standing on similar footing has already been granted on bail and, therefore, the present petitioner may kindly be admitted to bail. 4.

On the other hand, Mr. S.R. Roul, learned ASC vehemently opposes the bail application of the Petitioner. 5.

Considering the rival submissions made and taking into consideration the nature and gravity of accusations raised against the Petitioner as well as the surrounding circumstances in which the carcass of the leopard was found in jungle and keeping in view the fact that no direct evidence is available in this case and regard being had to the pre-

// 2 // trial detention of the Petitioner as well as release of co-accused persons on bail, 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.25,000/- (Rupees Fifty Thousand) each 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 Petitioners shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with and that he shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case.

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