The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4820 of 2024 Prasanta Lenka ..... State Of Odisha -versus- ..... Petitioner Represented By Adv. - Amlan Shakti Paul Opposite Parties Represented By Adv. - CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No.
Decision
ORDER 17.05.2024 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the materials placed before this Court. 3. This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Airport P.S.Case No.307 of 2023 corresponding to C.T.Case No.81 of 2024 pending in the Court of the learned 1st Additional Sessions Judge, Bhubaneswar for alleged commission of offence under Sections 379/413 of the Indian Penal Code. 4. 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 Page 1 of 5. custody since 18.12.2023. It is also contended by the learned counsel for the Petitioner that in the meantime the investigation has been concluded and Charge Sheet has been filed. Referring to the F.I.R. allegation, learned counsel for the Petitioner submitted that the Petitioner has been falsely implicated in the present case. It is also submitted that the vehicle in question has already been recovered . It is also contended that since the Petitioner belongs to the locality, there is no chance of his absconding. Further, it is submitted by the learned counsel for the Petitioner that although the Petitioner is having similar criminal antecedent he is ready and willing to abide by any terms and conditions in the event he Petitioner released on bail taking into consideration the period of detention in custody. 5. Learned Additional Standing Counsel for the State on the other hand objected to the release of the Petitioner on bail. He further submitted that in the event the Petitioner is released on bail there is every possibility of his indulgence in similar criminal offence. 6. Having heard learned counsels for the respective parties as well as on careful examination of the materials on record and considering the seriousness of the allegations in the F.I.R. as well as the period of custodial detention, this Court is inclined to grant bail to the Petitioner and it is directed that let the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter on such terms and conditions that would be imposed by the learned court in seisin over the matter. Release of the Petitioner on bail subject to the condition to be imposed by the learned court in seisin over the matter that the petitioner shall not indulge in similar Page 2 of 5. criminal offence and shall appear before the trial court on each and every date fixed, shall appear before the Local Police Station once in a fortnight preferably on Sunday between 10 AM.. to 1 PM. and thereafter once in a month till conclusion of trial. Violation of any of the terms and conditions shall entail cancellation of bail. 7. The BLAPL is, accordingly, disposed of. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra) Judge RKS Order No. ORDER 17.05.2024 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the materials placed before this Court. 3. This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Airport P.S.Case No.301 of 2023 corresponding to C.T.Case No.80 of 2024 pending in the Court of the learned 1st Additional Sessions Judge, Bhubaneswar for alleged commission of offence under Page 3 of 5. Sections 379/413 of the Indian Penal Code. 4. 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 18.12.2023. It is also contended by the learned counsel for the Petitioner that in the meantime the investigation has been concluded and Charge Sheet has been filed. Referring to the F.I.R. allegation, learned counsel for the Petitioner submitted that the Petitioner has been falsely implicated in the present case. It is also submitted that the vehicle in question has already been recovered . It is also contended that since the Petitioner belongs to the locality, there is no chance of his absconding. Further, it is submitted by the learned counsel for the Petitioner that although the Petitioner is having similar criminal antecedent he is ready and willing to abide by any terms ad conditions in the event he Petitioner released on bail taking into consideration the period of detention in custody. 5. Learned Additional Standing Counsel for the State on the other hand objected to the release of the Petitioner on bail. He further submitted that in the event the Petitioner is released on bail there is every possibility of his indulgence in similar criminal offence. 6. Having heard learned counsels for the respective parties as well as on careful examination of the materials on record and considering the seriousness of the allegations in the F.I.R. as well as the period of custodial detention, this Court is inclined to grant bail Page 4 of 5. to the Petitioner and it is directed that let the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter on such terms and conditions that would be imposed by the learned court in seisin over the matter. Release of the Petitioner on bail subject to the condition to be imposed by the learned court in seisin over the matter that the petitioner shall not indulge in similar criminal offence and shall appear before the trial court on each and every date fixed, shall appear before the Local Police Station once in a fortnight preferably on Sunday between 10 AM.. to 1 PM. and thereafter once in a month till conclusion of trial. Violation of any of the terms and conditions shall entail cancellation of bail. 7. The BLAPL is, accordingly, disposed of. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra) Judge RKS Signature Not Verified Page 5 of 5. Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 20-May-2024 10:35:41