IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 11758 of 2024
Sunil @ Lala Nag … Petitioner
Mr. J. Panda, Advocate
-versus-
State of Odisha … Opposite Party
Mr. S.K. Rout, ASC
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
30.11.2024
Order No
.
01. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This is a bail application U/S.439 of Cr.P.C. by
the petitioner for grant of bail in connection with
M.Rampur P.S. Case No. 172 of 2022 corresponding to
C.T. Case No.160 of 2023 (Sessions) pending in the file
of learned Addl. Sessions Judge, Bhawanipatna for
commission of offences punishable under Sections
45/341/392 of IPC read with Sec. 27 of Arms Act, on
the allegation of taking away of Rs. 2600/- from the
Informant by confining him in a room along with
another co-accused person.
3. Heard, Mr. Jnyanananda Panda, learned
counsel for the petitioner and Mr. S.K. Rout, learned
ASC in the present matter and perused the record.
4. It appears from the record that FIR was lodged
against two unknown persons, but no TI Parade
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appears to have been conducted to identify the
suspect. Besides, the Petitioner has been implicated in
this case on the basis of recovery of one country made
gun, one army uniform and cash of Rs. 2000/- pursuant
to the disclosure statement of co-accused Santosh
Badaseth @ Tumuka. Mr. S.K. Rout, learned ASC,
however, strongly opposes the bail application of the
Petitioner mainly on the ground of criminal antecedent
of the Petitioner, but the mode and manner of
involvement of the Petitioner has already been
indicated above. Besides, charge-sheet has already
been submitted in this case.
5. In view of the above facts and after having
considered the rival submissions and taking into
consideration the nature and gravity of accusations
raised against the petitioner and keeping in view the
mode and manner of implication of the Petitioner and
regard being had to the pre trial detention of the
petitioner in custody since 24.01.2023 and taking into
account the release of co-accused Santosh Badaseth @
Tumuka on bail in BLAPL No. 3309 of 2023, this Court
admits the petitioner to bail.
6. Hence, the bail application of the Petitioner
stands allowed and the Petitioner is allowed to go on
bail on furnishing bail bonds of Rs.50,000/- (Rupees
Fifty Thousand) only 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 by it with following conditions:-
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(i) the Petitioner shall not commit any
offence while on bail,
(ii) the Petitioner shall attend the trial
Court on each date of posting without fail
unless his attendance is dispensed with.
In case the Petitioner fails without
sufficient cause to appear in the
Court in accordance with the terms of
the bail, the learned trial Court may
proceed against the Petitioner for
offence U/S.229-A of IPC in
accordance with law,
(iii) the Petitioner shall not leave the
jurisdiction of the trial Court without prior
permission till disposal of the case and
(iv) the Petitioner shall report attendance
before the jurisdiction Police Station once
in a week preferably on Sunday in
between 10 A.M. to 12 Noon for six (06)
months from the actual date of his release
from the custody.
The I.I.C. of Jurisdictional Police Station shall
not detain the Petitioner unnecessarily after recording
his attendance beyond the time as stipulated.
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. In the wake of aforesaid,
the subsequent involvement of the Petitioner in future
for grave and serious offences on prima facie
accusations may be treated as a ground for cancellation
of bail in this case.
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Since some criminal antecedents have been
reported against the petitioner, the Court in seisin of
the case may verify the residential proof of the
sureties, if required. It is made clear that the Court in
seisin of the case, while releasing the petitioner on bail
may verify the residential proof of the sureties by
taking the help of local police, if required to ascertain
his proof of residence and such exercise must be
completed within a reasonable period of not more than
three days of filing bail bonds.
7. Accordingly, the BLAPL stands disposed of.
8. Issue urgent certified copy of the order as per
Rules.
(G. Satapathy)
Judge
Priyajit
Signature Not Verified
Digitally Signed
Signed by: PRIYAJIT SAHOO
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 02-Dec-2024 17:07:12
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