Tularam Sagaria v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.11347 of 2021 Tularam Sagaria ....

Petitioner Mr. S. K. Joshi, 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 Petitioner is an accused in S.C. Case No.16 of 2021 corresponding to Turekela P.S. Case No.86 of 2021 pending in the court of learned Additional Sessions Judge, Kantabanji for commission of offence punishable under Section 302, I.P.C. and subsequently turned to under Section 498-A/306, I.P.C.

5.

It is submitted by learned counsel for the Petitioner that the Petitioner has been falsely implicated in the case and he is in custody since 06.06.2021. Charge-sheet has already been submitted in the case. 6.

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

7.

Having heard learned counsel for the parties and considering the period of detention of the Petitioner, it is directed that let the Petitioner

// 2 // be released on bail by furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) with one local solvent surety 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 with further condition that he shall not be seen around the victim and shall not leave the jurisdiction of the court without prior permission of the learned court below. 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