Trinath Benia v. State of Odisha

Mr. B.P. Das, Advocate … Opposite Party Mr. S.K. Rout, Addl. PP Order No. 01. CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 15.01.2025

#1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

#2. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Koraput Sadar P.S. Case No. 157 of 2024 corresponding to G.R. Case No.808 of 2024 pending in the file of learned SDJM, Koraput for commission of offences punishable U/Ss.468/420/471/294/506/34 IPC, allegation of cheating the informant by getting him impersonated as the land owner while executing the sale deed.

#3. Heard, Mr. Biraja Prasanna Das, learned counsel for the petitioner and Mr. S.K. Rout, learned Addl. Public Prosecutor in the matter and perused the record.

#4. After having considered the rival submissions and taking into account the nature and gravity of offence as alleged against the Petitioner vis-(cid:224)-vis the accusations sought to be brought against him and regard being had to their pre-trial detention in custody since 24.09.2024 and taking into account the progress of investigation and keeping in view the well recognized principle of “bail is the rule, but jail is the exception” and last but not the least, taking into account the materials placed on record in entirety including the absence of the name of the Petitioner in the FIR and the main allegation of cheating being directed against co-accused persons and regard being had to the release of co-accused Narendra Bagh and another on bail in BLAPL No.11847 of 2024, this Court without expressing any view, admits the petitioner to bail.

#5. Hence, the bail application of the Petitioner stands allowed and the Petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) only with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:- (i) the petitioner shall not commit any offence while on bail, (ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law and, (iii) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on 2nd Sunday of each month in between 10 A.M. to 12 Noon for three (03) months from the actual date of release from the custody. The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for any grave/similar offence on prima facie accusations may be treated as a ground for cancellation of bail in this case.

#7. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge S. Sasmal Signature Not Verified Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 16-Jan-2025 10:38:25