Jitendra Hans v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.11342 of 2021 Jintendra Hans and another ....

Petitioner Mr. J.N. Panda, Advocate -versusState of Odisha ....

Opp. Party Mr. R.K. Tripathy, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

27.01.2022 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 Petitioners are accused in C.T. Case No.48 of 2021 corresponding to Jaipatna P.S. Case No.364 of 2020 pending in the court of learned Additional Sessions Judge, Dharangarh for commission of offences punishable under Section 395, I.P.C. 5.

It is submitted by learned counsel for the Petitioners that the Petitioners have been falsely implicated in the case. He further submits that the co-accused persons similarly placed have already been released on bail by this Court in BLAPL Nos.5403/2021, 5291/2021 and 4150/2021 respectively.

6.

Learned counsel for the State vehemently opposes the prayer for bail of the Petitioners.

// 2 // 7.

Having heard learned counsel for the parties and considering the period of detention of the Petitioner and the fact that similarly placed co-accused persons have been released on bail by this Court, it is directed that let the Petitioners be released on bail by furnishing a bail bond of Rs.50,000/- (Rupees Fifty thousand) each with two local solvent surety each for the like amount to the satisfaction of the learned court in seisin over the matter subject to conditions that the Petitioners shall not get involved in any offence of similar nature while they are on bail, they 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. 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. 8.

The Bail Application is accordingly allowed.

9.

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 Jagabandhu