Orissa High Court
Sk.Sahid Bux vs State Of Odisha ..... Opposite Parties on 18 April, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3380 of 2024
Sk.sahid Bux ..... Petitioner
Represented By Adv. -
Smruti Ranjan Rout
-versus-
State Of Odisha ..... Opposite Parties
Represented By Adv. -
Mr. M.K. Mohanty, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
Order No. 18.04.2024
01. 1. This matter is taken up through hybrid mode.
2. Heard learned counsel appearing for the Petitioner and learned counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.
3. The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail relating to G.R. Case No. 350 of 2024 arising out of Cantonment P.S. Case No. 44 dated. 21.03.2024, corresponding to pending before the Court of learned J.M.F.C.-II (Cog. Taking), Cuttack for alleged commission of offence punishable under Sections 272/273/420/482/34 of the IPC read with Page 1 of 3. Section 63 of Copy Right Act & Section 20 of COTPA Act
4. Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 21.03.2024. He further contended that the investigation has progressed substantially and the final charge-sheet is likely to be filed soon. Learned counsel for the Petitioner submitted that the Petitioner is a small shop owner, who does not duplicate Gopal Zarda which was seized by the police. He further contended that the Petitioner had purchased the same from the distributor and that the Petitioner does not have any criminal antecedents. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition which the Petitioner undertakes to abide by while on bail.
5. Learned counsel for the State on the other hand contended that the allegations made in the FIR are serious in nature and the investigation is going on. Learned counsel for the State opposed the release of the Petitioner in view of the nature and seriousness of allegation made against the Petitioner. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.
6. Having heard learned counsel for the respective parties and on careful consideration of the background facts as well as the seriousness and gravity of the allegation as well as materials on record, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with one local solvent surety for the like amount to the satisfaction of the learned court in seisin over the matter. Release of the Petitioner shall also be subject to Page 2 of 3. following conditions:-
i) he shall not be involved in any offence of similar nature while on bail;
ii) he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever,
iii) he shall not make any default in attending the court during trial on each date without fail.
Violation of any of the terms and conditions shall entail cancellation of bail.
7. It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper.
8. The BLAPL is, accordingly, disposed of.
( A.K. Mohapatra) Judge S.K. Rout Signature Not Verified Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Page 3 of 3.
Date: 19-Apr-2024 10:57:26