Pradeep Pattnaik v. Saroj Kumar Padhy

CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 08.04.2024

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

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with G.R. Case No.289 of 2024, arising out of Balangir P.S. Case No.87 of 2024, pending in the Court of learned J.M.F.C.(R), Cuttack for alleged commission of offence punishable under Sections 341, 353, 307, 186, 272, 506 of IPC, 52-A of Orissa Excise Act, 2008 read with Sections 25/27 of Arms Act, 1959.

Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since

Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that the allegations made in the F.I.R. are very serious in nature. Further, submits that against the Petitioner a warrant was issued, then the police team went to catch the Petitioner and the Petitioner attached to the police team and ran away from the spot. Therefore, in the event the Petitioner is released on bail there is a possibility that he might abscond from natural of justice. Therefore, on such ground, the bail application of Petitioner be rejected at this juncture. Further, submits that till date the investigation is still continuing.

Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.35,000/- (Rupees Thirty Five thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.

It is further directed that the bail granted to the Petitioner be subject to the condition that the court below shall verify whether the injury report. In the event it is found that the injuries are grievous in nature, then this bail order shall automatically stand revoked

The BLAPL is, accordingly, disposed of. ( A.K. Mohapatra) Judge Anil Page 2 of 2. Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 09-Apr-2024 12:31:28