Fakir Mohan Dalei vs State Of Orissa ... Opp. Party on 22 July, 2020

[Cites 13, Cited by 1]

Orissa High Court

Fakir Mohan Dalei vs State Of Orissa ... Opp. Party on 22 July, 2020

Bench: S. Pujahari

                                CORAM : Hon'ble Shri Justice S. Pujahari
                                          BLAPL No.4550 of 2020

                           1. Fakir Mohan Dalei
                           2. Aswini Kumar Sahoo
                           3. Sudhakar Pradhan                           ... Petitioners
                                                           - Versus -
                                State of Orissa                          ... Opp. Party
2.   22.7.2020
                                                    ORDER

In the wake of the pandemic Covid-19, the case is taken up through V.C. Heard the learned counsel for the petitioners and the learned counsel for the State.

The petitioners, being in custody in G.R. Case No.119 of 2020 arising out of Daspalla P.S. No.82 of 2020 pending in the Court of the learned J.M.F.C., Daspalla has filed this petition for their release on bail. The offence alleged against them is punishable under Sections 294/452/427/336/353/269/270/271/147/149/506 IPC and Section 3 of the PDPP Act and Section 51(b) of DM Act and Section 3 of the Epidemic Disease Act.

The allegation of the prosecution is that on 14.6.2020 at about 2.40 P.M while the informant, who was working as BDO at Daspalla, was taking lunch in his official residence, the accused persons carrying deadly weapons forcibly entered into the block campus by breaking the locked gate and vandalized the government property and abused him in filthy languages. The accused persons also violated the restriction of shutdown period. Hence this case.

Regard being had to the facts and submissions made, especially the nature of accusation, character of supportive materials appearing against the petitioners in support of the charge, circumstances in which the offences alleged to have been committed and hardly any material being there to suggest that the petitioners are likely to abscond and/or tamper with the prosecution evidence, if enlarged on bail, I am of the view that the petitioners in this case deserve to be released on bail.

Hence, the petitioners be released on bail in the aforesaid case by the Court in seisin over the matter on such terms and conditions as deemed just and proper.

Accordingly, the BLAPL stands disposed of being allowed.

....................

S.Pujahari, J.

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