Orissa High Court
Deepak Kumar Sethi & vs State Of Odisha & Opposite Party on 11 October, 2023
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 7085 of 2023
Deepak Kumar Sethi & Petitioner
Mr. S. Rout, Advocate
-versus-
State of Odisha & Opposite Party
Mrs. S.R. Sahoo, ASC
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
11.10.2023 Order No.
04. 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 G.R. Case No. 36 of 2023, arising out of Baramba P.S. Case No. 28 of 2023 pending in the file of learned J.M.F.C., Baramba for commission of offences punishable under Sections 342/323/363/307/506/34 of the IPC, on the main allegation of kidnapping, confining and assaulting the injured Biranchi Jani to take away his life and threatening him, along with other co-accused officials by taking the injured into custody for interrogation in an elephant poaching case.
3. Heard, Mr. S. Rout, learned counsel for the petitioner and Mrs. S.R. Sahoo, learned ASC in the present matter and perused the record.
Page 1 of 34. After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the petitioner and taking into consideration the pre-trial detention of the petitioner in custody and his status as a Government Employee being a Forester and regard being had to the facts as revealed from the order of rejection of bail of the petitioner by the learned Additional Sessions Judge, Athagarh indicating therein as <for the self same incident, three F.I.Rs have been registered against the petitioner and others in three different cases= and taking into account the other circumstance on record in entirety including release of co-accused persons Kuna Behera and Subrat Kumar Behera on bail in BLAPL No. 7876 of 2023 and BLAPL No. 6392 of 2023 respectively, this Court admits the petitioner to bail.
5. 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) with two solvent surety 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:-
(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 Page 2 of 3 fail unless his attendance is dispensed with,
(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 Jurisdictional Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 12 Noon for six(06) months from the actual date of 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 for similar offence in future on prima facie accusations may be treated as a ground for cancellation of bail.
6. Accordingly, the BLAPL stands disposed of.
7. Urgent certified copy of the order be granted on proper application.
(G. Satapathy) Judge Signature Not Verified S. Sasmal Digitally Signed Signed by: SUBHASMITA SASMAL Page 3 of 3 Reason: Authentication Location: High Court of Orissa Date: 12-Oct-2023 12:39:31