Udayanath Mahanta @ Kisan v. State Of Odisha

Mr. P.S. Das Opposite Parties Represented By Adv. – Mr. S.S. Mohapatra, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 25.07.2024

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

Heard learned counsel for the Petitioners as well as learned Additional Standing Counsel for the State. Perused the materials placed before this Court.

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioners for bail in connection with Champua P.S. Case No.192 of 2023 corresponding to G.R. Case No.434 of 2023 pending in the Court of the learned S.D.J.M., Champua for alleged commission of offence under Sections 364, 364-A, 365 of the Indian Penal Code read with Sections 25/27 of the Arms Act.

Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted Page 1 of 3. by the learned counsel for the Petitioner that the Petitioner is languishing in custody since 07.11.2023. It is further submitted by the learned counsel for the Petitioner that in the meantime investigation has been concluded and final Charge Sheet has been filed. Further, referring to the allegation made in the F.I.R., learned counsel for the Petitioners submitted that the Petitioners have not been named in the F.I.R. although the name of the accused Ashok Mahakud has been specifically mentioned in the F.I.R. along with three unknown persons. He further contended that so far as the present Petitioner is concerned, no T.I. parade has been conducted and his name has not been disclosed by the co-accused persons. He further contended that the present Petitioner has four criminal antecedents. It is also contended by the learned counsel for the Petitioner that since the Petitioner belongs to the locality, there is no chance of his absconding. On such ground learned counsel for the Petitioners submitted that the Petitioners be released on bail.

Having heard learned counsels for the parties, on careful examination of surrounding facts of the present case and materials on record as well as taking into consideration the period of custodial detention and the fact that no T.I. parade has been conducted in respect of the Petitioner, this Court is inclined to grant bail to the Petitioner and it is directed that let the Petitioner be released on bail Page 2 of 3. in the aforesaid case on furnishing a bail bond of Rs.40,000/- (Rupees Forty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter with a condition that the Petitioner shall appear before the concerned Police Station once in a fortnight for a period of three months, thereafter, once in a month till conclusion of the trial preferably on 'Sunday’ in between 10.00 A.M to 1.00 PM.

Further, the release of the Petitioner shall also be subject to the terms and conditions that would be fixed by the learned court in seisin over the matter. Violation of condition shall entail cancellation of bail.

It is also directed that the bail granted to the Petitioner is subject to the verification of criminal antecedents of similar nature by the court in seisin over the matter. In the event it is found that the Petitioner has more than four criminal antecedents of similar nature, this bail order shall not be given effect to.

The BLAPL is, accordingly, disposed of. ( A.K. Mohapatra) Judge Alok Signature Not Verified Digitally Signed Signed by: ALOK RANJAN SETHY Designation: A.R-cum-Sr. Secretary Reason: Authentication Location: ORISSA HIGH COURT Date: 26-Jul-2024 10:48:07 Page 3 of 3.