Orissa High Court
BLAPL/272/2018 on 16 July, 2018
Author: S. K. Sahoo
Bench: S. K. Sahoo
BLAPL No.272 of 2018
04. 16.07.2018 Heard the learned counsel for the petitioner and
learned counsel for the State.
This is an application under section 439 Cr.P.C. in
connection with G.R. Case No.23 of 2017 arising out of
Kabisuryanagar P.S. Case No.137 of 2017 pending in the Court
of learned Addl. Sessions Judge, Chhatrapur for offences
punishable under sections 147/ 148/ 341/ 294/
323/324/326/307/506/149 of the Indian Penal Code and section
25(1-B)(a) of the Arms Act and sections 3 and 4 of the Explosive
Substances Act.
The petitioner moved an application for bail before
the learned Addl. Sessions Judge, Chatrapur which was rejected
on 26.12.2017.
In pursuance of the order dated 27.06.2018, the
learned counsel for the State has produced a report from
Inspector in Charge of Kabisuryanagar police station, Ganjam
which indicates that the injured Rajesh Sethy has been
discharged from M.K.C.G. Medical College and Hospital,
Berhampur. Copy of the injury report has also been furnished.
It is contended by the learned counsel for the
petitioner that the petitioner is in judicial custody since
December 2017 and co-accused persons have been released on
bail and the allegation against the petitioner are omnibus in
nature and there is no criminal antecedent against the petitioner
and therefore, the bail application may be favourably considered.
Learned counsel for the State after verification of
the case diary submits that there is no criminal antecedent
against the petitioner.
Considering the submissions made by the learned
counsels for the respective parties, the nature of accusation
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against the petitioner, the period of detention of the petitioner in
judicial custody, the report dated 08.07.2018 furnished by the
Inspector in Charge of Kabisuryanagar police station, 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.20,000/-(rupees
twenty thousand) with two solvent sureties each for the like
amount to the satisfaction for the Court in seisin over the matter
with further terms and conditions as the learned Court may
deem just and proper subject to conditions that the petitioner
shall not tamper with the evidence and appear before the
Kabisuryanagar police station once in a week on every Sunday
in between 4 p.m. to 6 p.m. for a period of six months from the
date of release and he shall also appear before the learned trial
Court on each date when the case would be posted for trial and
shall not indulge in any criminal activities. Violation of any terms
and conditions shall entail cancellation of bail.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on
proper application.
Free copy of the order be handed over to the
learned counsel for the State for compliance.
.......................
S. K. Sahoo, J.
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