The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 6434 of 2024 Bimalakanta Malik @ Bauli ….. Petitioner Mr. Kumar Kashyap, Advocate State of Orissa CORAM: Vs. ….. Opp. Party Mr. J. P. Patra, A.S.C. Order No. 05. JUSTICE SAVITRI RATHO
Decision
ORDER 20.09.2024 (Through hybrid mode) 1. This is the second bail application of the petitioner under Section 439 of the Cr.P.C. in connection with Khantapada P.S. Case No.30 of 2018 corresponding C.T. Case No. 201 of 2018 pending in the Court of learned J.M.F.C.(R), Balesore where charge sheet has been submitted against the petitioner and two other accused persons under Section 392 of the IPC. 2. The earlier bail application – BLAPL No. 29 of 2024 filed by the petitioner has been dismissed on 30.01.2024 granting him liberty to move for bail afresh in case there is delay in commencement of trial and the learned trial Court had been requested to make an endeavour to dispose of the trial within six months. 3. Thereafter the prayer for bail of the petitioner has been Page1 of 5 rejected on 03.05.2024 by the learned Additional Sessions judge, Balasore. 4. Report dated 25.07.2024 and 20.08.2024 of the learned J.M.F.C., Balasore reveals that C.T. Case No. 201 of 2018 was transferred to the Court on 06.05.2024 and the case was posted on 19.07.2024, 01.08.2024, 14.08.2024 and 27.08.2024. 5. The prosecution case in brief is that on 30.01.2018, when the informant was returning with cash of Rs.1,10,865/- along with HHD machine, on the way between Kheranga and Gopalpur three unknown persons detained her, dealt fist and kick blows and took away the cash, HHD machine and other valuables from her. During investigation, the complicity of the petitioner was found out but in spite of several attempts the IO was unable to arrest him for which he had made prayer in the Court below for issuance of NBW against the petitioner. On 08.05.2018 warrant was issued against the present petitioner, and he was arrested on 21.11.2023. 6. Mr. K. Kashyap, learned counsel for the petitioner submits that the petitioner has been implicated by the police with ulterior motive and the only material available against him is confession of the co-accused Ajay Malik, who had been arrested in connection with Khantapada P.S. Case No. 65 of 2018 on 06.03.2018. He Page2 of 5 further submits that he is in custody since 21.11.2023 and although trial has commenced, only three witnesses have been examined so far and P.W.3 who is the informant has not implicated him. His further submission is that co-accused Ajay Malik has been released on bail 24.05.2018 by the learned SDJM, Balasore and the petitioner is willing to comply with any condition for releasing him on bail. He further submits that although it has stated that the petitioner has 5 criminal antecedents namely: i) Khantapada P.S. Case No. 64 of 2018, corresponding to C.T Case No. 412 of 2018. ii) Khantapada P.S. Case No. 464 of 2017. iii) Khantapada P.S. Case No. 450 of 2017, corresponding to C.T. Case No. 2378 of 2017. iv) Kantapada P.S Case No. 304 of 2017, corresponding to C.T Case No. 1621 of 2017. v) Khantapada PS Case No. 65 of 2018, corresponding to C.T Case No. 413 of 2018. An affidavit has been filed by his wife stating that final report has been submitted in (i) Khantapada P.S. Case No. 304 of 2017 and (ii) Khantapada PS Case No. 65 of 2018, he has been granted bail in (iii) Khantapada P.S. Case No. 64 of 2018 and (iv) Khantapada P.S. Case No. 450 of 2017 and the records of Khantapada P.S. Case No. 464 of 2017 could not be located, for Page3 of 5 verification. 7. Mr. J. P. Patra, learned Additional Standing Counsel opposes the prayer for bail stating that the petitioner has evaded arrest for almost five years and did not surrender in spite of order passed in ABLAPL No. 6829 of 2021 by this Court, for which there was delay in commencement of the trial. As he has five criminal antecedents of similar nature, and is likely to abscond if he is released on bail, the BLAPL should be dismissed. 8. Considering the nature of materials available against the petitioner in the present case, the release of co-accused on bail, I am inclined to release the petitioner on bail but keeping in mind that he has absconded for five years, subject to stringent conditions. 9. The petitioner Bimalakanta Malik @ Baulibe released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, after verifying that he has only the five criminal antecedents mentioned in Paragraph-6 out of which two cases have ended in final report and he has been granted bail in the remaining three cases which are still pending against him and has not violated the bail conclusions, including the following conditions: Page4 of 5 (i) He will not indulge in any criminal activity while on bail. (ii) He will not threaten or try to influence prosecution witnesses while on bail. (iii) One of the bailors will be his blood relation. (iii) He shall furnish cash surety of Rs.30,000/-. (iv) He will report before the IIC, Khantapada Police Station, once a week preferably on a Sunday between 2.00 p.m. to 3.00 p.m. for a period of 6 months or till conclusion of trail whichever is earlier. (v) He will remain present on each date fixed for trial. 10. Violation of any condition will entail in cancellation of bail/recall of this order. 11. The BLAPL is accordingly disposed of. 12. Copy of this order be supplied to Mr. J. P. Patra, learned Additional Standing Counsel for onward transmission to the IIC, Khantapada Police Station. 13. The IIC, Khantapada will take immediate steps for recall of this order if the petitioner violates any bail condition. (Savitri Ratho) Judge Subhalaxmi Signature Not Verified Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 26-Sep-2024 19:22:24 Page5 of 5