Nilamani Saha vs State Of Odisha .... Opp. Party on 19 July, 2024

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Orissa High Court

Nilamani Saha vs State Of Odisha .... Opp. Party on 19 July, 2024

Bench: S.K. Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                           BLAPL No.3132 of 2024

                Nilamani Saha                            ....        Petitioner

                                      Mr. M.K. Pati, Advocate

                                           -versus-

                State of Odisha                          ....       Opp. Party

                                      Mr. P.B. Tripathy,
                                      Addl. Standing Counsel

                                    CORAM:
                                JUSTICE S.K. SAHOO
                                    ORDER

Order No.                         19.07.2024

  02.            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 439 of Cr.P.C. in connection with G.R. Case No.1504 of 2020 arising out of Mangalabag P.S. Case No.297 of 2020 pending in the Court of learned Assistant Sessions Judge -cum- C.J.M., Cuttack for the offences punishable under sections 419/420/411/406/409/467/468/471/379/120-B of the Indian Penal Code.

The petitioner moved an application for bail before the Court of learned 2nd Additional Sessions Judge, Cuttack, which was rejected on 15.03.2024.

Page 1 of 3

Learned counsel for the petitioner submitted that the petitioner was remanded in this case on 18.01.2021 and he has been charge sheeted under sections 419/420/411/406/409/467/468/471/379/120-B of the Indian Penal Code and similarly situated co-accused persons, namely, Saroj Kumar Prusty, Lala Amrut Sagar Ray and others have been granted bail by this Court. He has annexed the copies of the bail orders to this application as Annexure-3 series and submitted that on the basis of claim of parity, the bail application of the petitioner may be favourably considered.

Learned counsel for the State does not dispute that the petitioner is similarly situated like the co- accused persons, who have been enlarged on bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the period of detention of the petitioner in judicial custody, release of the co- accused persons on bail and since the offences are triable by Magistrate, I am inclined to release the petitioner on bail.

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 each for the like amount to the satisfaction for the Court in seisin over the matter with further terms and Page 2 of 3 conditions as the learned Court may deem just and proper subject to conditions that the petitioner shall appear before the learned trial Court on each date to which the case would be posted for trial, he shall not try to tamper with the prosecution evidence and he shall not indulge in any criminal activities in any manner.

Violation of any of the terms and conditions shall entail cancellation of bail.

Accordingly, the BLAPL is disposed of. Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge RKM Signature Not Verified Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 19-Jul-2024 19:05:41 Page 3 of 3

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