Ramakanta Giri v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.11273 of 2021 Ramakanta Giri and another ....

Petitioners Mr. P.S. Nayak, Advocate -versusState of Odisha ....

Opposite Party Mr. P.C. Das, A.S.C. for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

27.01.2022 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 Petitioners for bail in connection with Ghagarbeda P.S. Case No.83 of 2021, corresponding to C.T. Case No.831 of 2021 pending in the court of learned S.D.J.M., Karanjia, for commission of alleged offences under Sections 454/325/307/506/34 I.P.C. 4.

Learned counsel for the Petitioner submits that due to previous enmity with regard to cultivation over the land, the present case has been foisted against the Petitioners. It is further submitted that the Petitioners are in jail custody since the date of their arrest, i.e. 14.11.2021.

5.

Learned Standing Counsel for the State vehemently objected to the bail of the Petitioners. He, however, submits that if the Petitioners are released on bail, stringent conditions may be imposed on the accused Petitioners.

// 2 // 6.

Having heard learned counsel for the parties and considering the period of detention, this Court directs that the Petitioners be released on bail on furnishing bail bond of Rs.50,000/- (Rupees Fifty 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 Petitioners 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