Orissa High Court
Fagu @ Fagu Prasad Hansdah vs State Of Odisha ... Opposite Party on 9 August, 2023
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3435 of 2023
Fagu @ Fagu Prasad Hansdah ... Petitioner
@Falguni Hansdah
Mr. P.K. Nayak, Advocate
-versus-
State of Odisha ... Opposite Party
Mrs. S.R. Sahoo, ASC
CORAM:
JUSTICE G. SATAPATHY
ORDER
09.08.2023 Order No.
03. 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 P.R.- O.R. No.03 JN of 2022-2023 arising out of 2(b)C.C. Case No. 14/2022 pending in the file of learned S.D.J.M., Udala, for commission of offence punishable under Sections 51(1-C) of the Wild Life (Protection) Act, on the allegation of poaching elephant.
3. Heard, Mr. P.K. Nayak, learned counsel for the petitioner and Mrs. S.R. Sahoo, learned ASC in the matter and perused the record.
4. After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the mode and manner of Page 1 of 3 implication of the present petitioner and regard being had to the stage of the case and taking into account the pre-trial detention of the petitioner in custody since 15.12.2023, 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.1,00,000/- (Rupees One Lakh) 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:-
(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
(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 Range Officer, Jenabin Wildlife Range once in a fortnight preferably on Sunday for a period of six (06) months from the actual date of release from the custody.
It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the Page 2 of 3 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.
6. Accordingly, the BLAPL stands disposed of.
7. Issue urgent certified copy of the order as per Rules.
(G. Satapathy) Judge S.Sasmal Signature Not Verified Digitally Signed Signed by: SUBHASMITA SASMAL Reason: Authentication Page 3 of 3 Location: High Court of Orissa Date: 10-Aug-2023 19:59:18