Orissa High Court
Pabitra Kumar Behera vs State Of Odisha .... Opp. Party on 22 March, 2024
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.1683 of 2024
Pabitra Kumar Behera .... Petitioner
Mr. D. Mohapatra, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. P.B. Tripathy
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 22.03.2024 02. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard the 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 Lalbag P.S. Case No.294 of 2020 corresponding to S.T. Case No.06 of 2023 pending in the Court of learned Chief Judicial Magistrate -cum- Assistant Sessions Judge, Cuttack for offences punishable under sections 395/411/412/ 409/120-B/201/420/34 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned Chief Judicial Magistrate
-cum- Assistant Sessions Judge, Cuttack, which was // 2 // rejected on 12.02.2024.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 24.11.2020 and he has been charge sheeted under sections 395/411/412/409/120-B/201/420/34 of the Indian Penal Code and similarly situated co-accused, namely, Prakash Kumar Sahoo has been released on bail, which is not disputed by the learned counsel for the State. Learned counsel for the petitioner files the bail order copy, which is taken on record.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, release of similarly situated co-accused on bail and taking into account 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 including the conditions that the petitioner shall appear before the learned trial Court on each date to which the case is posted for trial, shall not try to tamper with the prosecution evidence and shall not Page 2 of 3 // 3 // indulge in any criminal activities while on bail.
Violation of any of the conditions shall entail cancellation of bail.
The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.
( S.K. Sahoo) Judge RKM Signature Not Verified Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 22-Mar-2024 17:05:03 Page 3 of 3