Orissa High Court
) Tulu Majhi vs State Of Odisha ..... Opposite Parties on 19 April, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3498 of 2024
1) Tulu Majhi ..... Petitioners
2) Muna Majhi Represented By Adv. -
3) Mithun Majhi Subodh Kumar Mohanty
-versus-
State Of Odisha ..... Opposite Parties
Represented By Adv. -
P.K.Maharaj, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
Order No. 19.04.2024
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel appearing for the Petitioners and learned Additional Standing 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 in connection with C.T. Case No.78 of 2024, arising out of Lanjigarh P.S. Case No.08 of 2024, pending in the Court of learned S.D.J.M., Bhawanipatna for alleged commission of offence punishable under Sections 147, 148, 427, 353, 332, 333, 307, 395, 149 of I.P.C. read with Section 3 of PDPP Act.
4. Learned counsel for the Petitioners submits that earlier Page 1 of 3. this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioners that the Petitioners are in custody since 19.01.2024. He further submitted that the injuries are alleged in simple in nature. He further submitted that the Petitioners do not have any similar criminal antecedents. Further, he expresses their apprehension with regard to early conclusion of the trial. In such view of the matter, learned counsel for the Petitioners submitted that the Petitioners be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.
5. Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioners on the ground that they have assaulted the police personnel in duty & in the event the Petitioners are released on bail there is a possibility he might indulge in similar criminal offences. Accordingly, it was prayed that the bail application of the Petitioners be rejected at this juncture.
6. Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, this Court is inclined to released the Petitioners on bail on furnishing a bail bond of Rs.20,000/- (Rupees Twenty thousand) with one local solvent surety each for the like amount to the satisfaction of the learned court in seisin over the matter. Release of the Petitioners shall also be subjection to following conditions that:-
Page 2 of 3.I) they shall not indulge in similar nature of offence while on bail; and II) shall appear before the I.O. as and when required for the purpose of the investigation. III) shall appear before the Court on each and every date fixed without fail.
Violation of any of the terms and conditions shall entail cancellation of bail.
7. The BLAPL is, accordingly, disposed of.
( A.K. Mohapatra) Judge Rubi Signature Not Verified Page 3 of 3. Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 23-Apr-2024 20:20:00