Orissa High Court
Mahendra Behera vs State Of Odisha .... Opp. Party on 31 January, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.500 of 2025
Mahendra Behera .... Petitioner
Mr. Rajendra Narayan Rout,
Advocate
-versus-
State of Odisha .... Opp. Party
Miss Subhalaxmi Devi,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 31.01.2025 01. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 483 B.N.S.S., 2023 read with section 439 Cr.P.C. in connection with Kodala P.S. Case No.99 of 2014 corresponding to S.T. Case No.234 of 2024 pending in the file of learned Additional Sessions Judge, Kodala, Ganjam for alleged commission of offences under sections 147/148/332/353/307/294/149 of the Indian Penal Code, section 9(B) of Explosives Act, 1884, section 7 of the Criminal Law (Amendment) Act and sections 3 Page 1 of 3 & 4 of the Explosive Substances Act, 1908. The prayer for bail of the petitioner has been rejected by the learned Additional Sessions Judge, Kodala vide order dated 03.01.2025.
Learned counsel for the petitioner submitted that earlier the petitioner was released on bail but due to non-taking of steps on the date fixed i.e. on 21.12.2022, non-bailable warrant of arrest was issued against him and he was apprehended by the police and produced before the learned trial Court on 03.12.2024 and since that date, he is in judicial custody. He further submits that the petitioner is ready and willing to cooperate with the learned trial Court for early disposal of the case and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State opposed the prayer for bail.
Considering the submissions made by the learned counsel for the respective parties, the fact that the petitioner was earlier on bail and taking into account the period of detention in judicial custody, I am of the opinion that it is a fit case for grant of bail to the petitioner.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties Page 2 of 3 each for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper to ensure his presence during trial with further condition that the petitioner shall appear before the trial Court on each date when the case would be posted for trial.
Violation of any of the terms and conditions fixed shall entail cancellation of bail.
The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.
( S.K. Sahoo) Judge RKM Signature Not Verified Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 31-Jan-2025 17:57:17 Page 3 of 3