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[Cites 13, Cited by 0]

Orissa High Court

BLAPL/9387/2019 on 23 September, 2020

Author: P. Patnaik

Bench: P. Patnaik

                           BLAPL NO.9387 of 2019




 3.   23.09.2020        This matter is taken up through Video Conferencing
                   due to Lockdown in the wake of Pandemic COVID-19.
                        Heard learned counsel for the petitioner and learned
                   Additional Standing Counsel for the State.
                        This is an application under Section 439, Cr.P.C. for
                   grant of bail to the petitioner in connection with Ranpur
                   P.S. Case No.170 of 2019 corresponding to G.R. Case
                   No.237 of 2019 pending in the court of the learned
                   J.M.F.C., Ranpur for the alleged commission of offence
                   under Sections 395/411/412/120-B/109 of the I.P.C. read
                   with Section 25(1-B)(a)/27 of the Arms Act, Section
                   9(B)(1-b) Explosive Act and Section 4, 5, 6 of Explosive
                   Substance Act,1908.
                        Learned counsel for the petitioner submits that co-
                   accused person has already been released on bail by this
                   Court in BLAPL No.711 of 2020. There is no criminal
                   antecedents against the petitioner. The petitioner is
                   languishing in custody since 22.08.2019.
                        Mr.S.S.   Mohapatra,     learned   Additional   Standing
                   Counsel for the State submits that there is no criminal
                   antecedent against the petitioner. The vehicles have
G/D
                   already been recovered and charge-sheet has already
                   been filed in the meantime.
                        Considering the submissions made by the learned
                   counsel for the parties, the materials available on record
                   and the period of detention in custody, I allow this bail
                     2




application and direct that the petitioner be released on
bail in the aforesaid case on such terms and conditions as
would be deemed fit and proper by the learned trial court
in addition to the following conditions :
      (i)       he shall not commit similar offence or any
                other offence;
      (ii)      he shall not directly or indirectly terrorize or
                threaten or try to influence the prosecution
                witnesses; and
      (iii)     he shall not indulge in any sort of criminal
                activities while on bail
              Violation of any of the above conditions would
      entail cancellation of bail of the petitioner.
              The BLAPL is accordingly disposed of.



                                           ......................
                                            P. Patnaik, J.