Narahari Mallick v. State of Odisha

Petitioner Mr.Lokanath Nayak, Advocate Opposite Party Mr.D.K.Mishra, AGA CORAM: JUSTICE SAVITRI RATHO ORDER 09.02.2024 (Through hybrid mode) Order No. 01.

This application under Section 439 of Cr.P.C. has been filed in connection with Tangi P.S. Case No.13 of 2022 corresponding to G.R. Case No.132 of 2024, pending in the file of the learned J.M.F.C.-II (Cog. Taking), Cuttack registered under Section 379/34 of IPC against the unknown persons.

The prayer for bail of the petitioner had been rejected on

04.01.2024 by the learned 2nd Addl. Sessions Judge, Cuttack in BLAPL No.1658 of 2023.

The prosecution allegation in brief is that on 18.01.2022 night some unknown persons committed theft of the Bolero vehicle of the informant bearing registration no.OR-05-Y-7592 parked in the backyard of his sister’s father-in-law is house at Brahman Bhog. During investigation, the petitioner has been arrested and forwarded to Court on

21.12.2023.

Mr.Lokanath Nayak, learned counsel for the petitioner submits that the co-accused- Laxmidhar Ghadei has been directed to be released on bail in ABLAPL No.463 of 2024 on his surrender, by this Court. He further submits that the petitioner has one criminal antecedent which is Baleswar P.S. Case No.78 of 2022 under Sections 272, 273, 34 of IPC read with Section 52 (a) of Bihar and Orissa Excise Act. He also submits that the Bolero vehicle has been seized during investigation of Baleswar P.S. Case No.78 of 2022.

Mr. D.K.Mishra, learned Addl. Government Advocate opposes the prayer for bail stating that two cases in which the petitioner is involved in are related to each other as the vehicle has been stolen for transportation of I.D. liquor for which Balesore P.S. Case No.78 of 2022 has been registered. He further submits that in view of the nature of allegations against the petitioner, he does not deserve to be released on bail.

Considering the nature of allegations against the petitioner and the submission that the petitioner has only one criminal antecedent and the co-accused has been directed to be released on bail by this Court in ABLAPL No.463 of 2024 and the Bolero vehicle has been recovered in the meanwhile, I am inclined to allow the prayer for bail.

The petitioner- Narahari Mallick shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, subject to verification that he has one criminal antecedent, i.e., Balasore P.S. Case No.78 of 2022 and the Bolero vehicle has been recovered, including the following conditions : (i) He will not indulge in any criminal activity while on bail. (ii) He will not tamper or try to influence prosecution witnesses while on bail. (iii) He will report before the IIC, Tangi Police Station on every alternate Sunday between 4.00 p.m. to 5.00 p.m. till conclusion of trial. (iv) He will remain present in the trial Court on each date it if fixed for trial unless his appearance is dispensed with by the learned trial Court under Section 317 Cr.P.C. on any particular day.

Violation of any condition will entail in cancellation of bail/ recall of this order.

The BLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

Copy of this order be supplied to Mr. D.K.Mishra, learned Additional Government Advocate for onward transmission to the IIC, Tangi Police Station. Bichi Signature Not Verified Digitally Signed Signed by: BICHITRANANDA SAHOO Reason: Authentication Location: Orissa High Court Date: 09-Feb-2024 21:07:54 ………………………... (SAVITRI RATHO) JUDGE