Orissa High Court
Kunal Kumar Mishra vs State Of Odisha ... Opp. Party on 16 March, 2021
Author: S.K. Sahoo
Bench: S.K. Sahoo
BLAPL No.1395 of 2021
Kunal Kumar Mishra ... Petitioner
-Versus-
State of Odisha ... Opp. party
02. 16.03.2021 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.325 of 2020
arising out of Joda P.S. Case No.115 of 2020 pending
in the Court of learned J.M.F.C., Barbil for offences
punishable under section 9B of Explosives Act, 1884
and under section 5(b) of Explosive Substances Act,
1908.
The petitioner moved an application for bail
before the Court of learned Addl. Sessions Judge,
Champua which was rejected on 13.01.2021.
Learned counsel for the petitioner submitted that
the petitioner is in judicial custody since 16.07.2020
and charge sheet has been submitted under section 9B
of Explosives Act, 1884 and under section 5(b) of
Explosive Substances Act, 1908. He further submitted
that the bail application was rejected by the learned
trial Court mainly on the ground that the petitioner
belonged to the State of Jharkhand. He further
submitted that the petitioner, in fact, is residing with
his family in House No.688, near Tarini chak, Joda in
the State of Odisha and his daughter is prosecuting her
study in ST. TERESA'S SCHOOL, Joda and to that effect,
he has annexed the admit card as well as the fees
receipt.
Learned counsel for the State submitted that he
has not yet obtained instruction about the averments
taken in paragraph-4 of the bail application as well as
Annexure-2 series, which are the documents of the
school of ST. TERESA'S SCHOOL, Joda.
Considering the submissions made by the
learned counsel for the respective parties, the nature
of accusation against the petitioner and the period of
detention of the petitioner in judicial custody, 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.50,000.00
(rupees fifty thousand) with two local solvent sureties
each for the like amount to the satisfaction of the
Court in seisin over the matter with further terms and
conditions as the learned Court may deem just and
proper.
Before accepting the bail bond, the learned trial
Court shall take instruction from the Inspector in-
charge of Joda police station as to whether the
petitioner's daughter is prosecuting her study in ST.
TERESA'S SCHOOL, Joda or not and if it is found to be
correct then, the bail bond shall be accepted.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on
proper application.
.............................
S.K. Sahoo, J.
RKM