Orissa High Court
Ratra Kanhar vs State Of Odisha .... Opposite Party on 5 November, 2024
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.6404 of 2024
Ratra Kanhar .... Petitioner
Mr. S.S. Ray(2), Advocate
-versus-
State of Odisha .... Opposite Party
Mr. P. Satapathy, Advocate
CORAM:
HON'BLE JUSTICE ANANDA CHANDRA BEHERA
ORDER
Order No. 05.11.2024
04. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. This bail application under Section 439 of the Cr.P.C. of the petitioner has arisen out of C.T. Case No.118 of 2024 in connection with Manamunda P.S. Case No.77s of 2024 for the offence under Sections 147/148/121/121-A/307/149 of IPC read with Section 16(1)
(b)/l 8/20 of Unlawful Activities(Prevention) Amendment Ordinance, 2004 and section 25(l)(a) of Arms Act, 1959 and Sections 4 and 5 of Explosive Substances Act and Section 17 of Crl. Law Amendment Act pending in the court of learned J.M.F.C., Kantamal is taken up into consideration.
3. I have already heard from the learned counsel for the petitioner and learned Additional Standing Counsel for the State.
4. Learned counsel for the petitioner submitted that, the petitioner has been charge-sheeted for the offence under 147/148/121/121- Page 1 of 3 A/307/149 of IPC read with Section 16(1) (b)/l 8/20 of Unlawful Activities(Prevention) Amendment Ordinance, 2004 and section 25(l)(a) of Arms Act, 1959 and Sections 4 and 5 of Explosive Substances Act and Section 17 of Crl. Law Amendment Act on the allegation alleged against him(petitioner) that, he (petitioner) was helping to the Maoist members by supplying them food materials and collecting intelligence for them.
The petitioner is a permanent resident of village-Bantepenga under Manamunda Police Station in the district of Boudh and the substantial parts of the investigation of the case has already been completed, for which, he should be allowed to go on bail.
5. Learned Additional Standing Counsel for the State opposed the same contending that, in case of release of the petitioner on bail, there is every possibility of influencing the witnesses of the prosecution, for which, he should not be allowed to go on bail.
6. So taking the above alleged allegations against the petitioner coupled with completion of the investigation of the case and the permanent place of residence of the petitioner into account, it is felt proper to allow the petitioner to go on bail.
Therefore, the bail application filed by the petitioner is allowed.
7. He (petitioner) is allowed to go on bail on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned J.M.F.C., Kantamal with the conditions that :-
(i) He (petitioner) shall not involve with similar nature of crime in future.
(ii) He shall appear before the court personally on each date of adjournment of the case.
(iii) He shall not terrorize, coerce, influence or threat any Page 2 of 3 witnesses to the prosecution either directly or indirectly in any manner whatsoever at any stage of the proceeding of the case, but, in case of his failure to comply any of the aforesaid conditions, the learned trial court is authorized to cancel his bail order outrightly without seeking any permission for the same from this Court.
8. Accordingly, the bail application of the petitioner is disposed of finally.
9. Grant certified copy of this order to the petitioner on proper application.
( A.C. Behera ) Judge Jagabandhu Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Personal Assistant Reason: Authentication Location: OHC, CUTTACK Date: 05-Nov-2024 17:24:34 Page 3 of 3