Orissa High Court
Suresh Mantri vs State Of Odisha .... Opposite Party on 29 November, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 12263 of 2023
Suresh Mantri .... Petitioner
Mr. B. Rath, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. K.K. Gaya, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
29.11.2023 Order No.
02. 1. Heard learned counsel for the Petitioner and learned counsel for the State.
2. The Petitioner is an accused in connection with C.T. Case No.421 of 2023, pending on the file of the learned S.D.J.M., Athagarh, arising out of Athagarh P.S. Case No.168 of 2023 for alleged commission of offence under Sections 147/148/294/323/341/324/354/307/506/149/354-B/452 of IPC and Section 3 and 4 of Explosive Substance Act and Section 9(B) of I.E. Act.
3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Athagarh, by order dated 16.10.2023 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted by the learned counsel that the Petitioner is in custody since 29.09.2023 and as charge sheet has been filed on 07.10.2023 and since the informant and his wife have suffered Page 1 of 2 injury which has been categorized as simple, further continuance of the Petitioner in custody is unwarranted.
5. It is providential that the injured have suffered simple injuries.
6. Learned counsel for the State opposes the prayer for bail in view of the criminal antecedents of the Petitioner, which is fortified by the affidavit filed at the behest of the Petitioner.
7. Referring to the same, learned counsel for the Petitioner submits that though the Petitioner has 7 criminal antecedents, he has been acquitted in 2 cases and in rest of the cases he is on bail.
8. Considering the nature of accusation and the injury suffered, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
9. Keeping in view the criminal antecedent of the Petitioner, additionally, it is directed that the Petitioner shall appear before the jurisdictional police station twice every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin.
10. It is further directed that the Petitioner shall not in any way try to intimidate the informant and his family.
11. It shall be open to the prosecution/informant to seek variance of this order, in case there is any threat perception.
12. Accordingly, the BLAPL stands disposed of.
13. Urgent certified copy of this order be granted as per the rules.
Signature Not Verified (V. NARASINGH) Digitally Signed Signed by: AYESHA ROUTJudge Designation:Ayesha Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 01-Dec-2023 16:54:45 Page 2 of 2