The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK Hemananda Modi (In BLAPL No.8193 of 2024) Babu @ Rama Chandra Sahu (In BLAPL No.9924 of 2024) Uda @ Udaya Kumar Bhoi (In BLAPL No.10003 of 2024) Chiku @ Brahmananda Rout (In BLAPL No.10283 of 2024) … Petitioners Mr. R.C. Maharana, Advocate (in BLAPL No.8193 of 2024) Mr. K.P. Dash, Advocate (in BLAPL No.9924 of 2024) Mr. S.K. Lenka, Advocate (in BLAPL No.10003 of 2024) Mr. S.K. Brahma, Advocate (in BLAPL No.10283 of 2024) -versus- … Opposite Party Mr. J.K. Bal, AGA State of Orissa CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 11.11.2024 Order No. 06. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these four bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with
Facts
the consent of the learned counsel for the parties. 3. These are bail applications U/S.439 of CrPC by the petitioners for grant of bail in connection with Kandarpur PS Case No.171 of 2023 corresponding to Page 1 of 5 S.T. Case No.80 of 2024 pending in the file of learned A.C.J.M.(Special)-cum-A.S.J, Cuttack, for commission of offences punishable U/Ss.395/397/120(B) of the IPC r/w. Sections 25 & 27 of the Arms Act, on the allegation of committing robbery from the informant by firing two rounds aiming as well as pelting stones at him and taking away one gold chain weighing 31gms, cash of Rs.25,000/- and some other silver ornaments from him. 4. At the inception of hearing, it is stated at the Bar that this is the 2nd bail applications of the petitioners-Hemananda Modi in BLAPL No.8193 of 2024 and Chiku @ Brahmananda Rout in BLAPL No.10283 of 2024, but no bail application of each of petitioners is pending before any other forum except aforesaid bail applications. 5.
Legal Reasoning
After having considered the rival submissions and taking into consideration the nature and gravity of the offence vis-(cid:224)-vis the allegations sought to be brought against each of the petitioners and regard being had to the pre-trial detention of the petitioners in custody and taking into account the other factors on record in entirety including the fact of identification of eight persons in T.I. parade despite four unknown persons stated to be the perpetrator of the crime in the FIR, this Court without expressing any opinion on merits of the case, admits each of the petitioners to bail. 8. Hence, these four bail applications of the petitioners Hemananda Modi in BLAPL No.8193 of Page 3 of 5 2024, Babu @ Rama Chandra Sahu in BLAPL No.9924 of 2024, Uda @ Udaya Kumar Bhoi in BLAPL No.10003 of 2024 & Chiku @ Brahmananda Rout in BLAPL No.10283 of 2024 stand allowed. Accordingly, the petitioners-Hemananda Modi, Babu @ Rama Chandra Sahu, Uda @ Udaya Kumar Bhoi & Chiku @ Brahmananda Rout are allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) only each with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:- (i) the petitioners shall not commit any offence while on bail, (ii) the petitioners in the course of trial shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with. In case the Petitioners fail without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.229-A of IPC in accordance with law, (iii) the petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving their present address of stay and (iv) the petitioners shall report attendance before the jurisdictional Police Station once in a fortnight preferably on 2nd Sunday of each month in between 10 A.M. to 12 Noon Page 4 of 5 for six(06) months from the actual date of their release from the custody. The I.I.C. of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording their attendance beyond the time as stipulated. It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioners in future for any grave/similar offence on prima facie accusations may be treated as a ground for cancellation of bail in this case. 9. Accordingly, these four BLAPL Nos.8193,
Arguments
Heard, Mr. Ramesh Chandra Maharana, learned counsel for the petitioner-Hemananda Modi in BLAPL No.8193 of 2024, Mr. Kuresh Prasad Dash, learned counsel for the petitioner-Babu @ Rama Chandra Sahu in BLAPL No.9924 of 2024, Mr. Sapan Kumar Lenka, learned counsel for the petitioner- Uda @ Udaya Kumar Bhoi in BLAPL No.10003 of 2024 and Mr. J.K. Bal, learned AGA in the matter and perused the record. None appears for the petitioner-Chiku @ Brahmananda Rout in BLAPL No.10283 of 2024. 6. It is, accordingly, contended on behalf of the learned counsels for the petitioners that although four Page 2 of 5 unknown persons have been named in the F.I.R., but eight persons have been identified in the T.I. parade and, therefore, no sanctity can be attached to the T.I. parade. It is, however, opposed by Mr. J.K. Bal, learned AGA that since the petitioners are habitual offenders, they should not be enlarged on bail, but it is contended on behalf of the petitioners that since the petitioners are not involved in any offence w.e.f. the year 2017, it would definitely be harsh step against them to reject their bail applications on the ground of their earlier criminal antecedents. Further, no criminal antecedents of the petitioner-Hemananda Modi in BLAPL No.8193 of 2024 is brought to the knowledge of this Court. 7.
Decision
9924, 10003, 10283 of 2024 stand disposed of. 10. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge S. Sasmal Signature Not Verified Digitally Signed Signed by: SUBHASMITA SASMAL Reason: Authentication Location: High Court of Orissa Date: 13-Nov-2024 10:42:12 Page 5 of 5