The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 9474 of 2023 Raja @ Rajiv Nayak …. Mr. B. B. Singh, Advocate Petitioner State of Odisha -versus- …. Opp. Party Mr. Debasish Nayak, AGA CORAM: JUSTICE M.S.SAHOO Order No.
Decision
ORDER 20.12.2023 Hybrid Mode 6. 1. The BLAPL has been filed u/s 439 of Cr.P.C. seeking release of the petitioner on bail, who is in jail custody in connection with Soro P.S. Case No. 395 of 2023 corresponding to C.T. Case No. 821 of 2023 pending in the court of learned J.M.F.C., Soro for alleged commission of offence under Section 395 of IPC. By order dated 01.08.2023 passed by learned Sessions Judge, Balasore in Bail Application No.705 of 2023, prayer of the petitioner for bail was rejected. 2. It is submitted by the learned counsel for the petitioner that the petitioner is in custody since 08.07.2023. In the meanwhile, Final Prosecution Report has been submitted on 04.11.2023. It is submitted considering the period of incarceration and the fact that F.P.R. has been submitted, the petitioner should be shown indulgence as far as prayer for bail is concerned. It is submitted that considering the age of // 2 // the petitioner being 19 years, he may be shown indulgence to go back to the community to enable him to lead a normal social life that would help him to mend his ways in view of past allegations of criminal activity against him. It is submitted that though there are past allegations against the petitioner regarding the criminal activity, he shall abide by the terms and conditions that would be imposed for grant of bail if the Court is inclined to grant bail, he being a local person shall subject himself to the jurisdiction of the learned court in seisin of the matter. 3. The learned counsel for the petitioner refers to the affidavit on behalf of the petitioner filed by one Sudam Charan Nayak, aged about 51 years, son of late Rama Chandra Nayak, At-Dandapalasa, P.S.-Soro, District-Balasore who is the father of the petitioner and one Subashini Sahoo, aged about 43 years, daughter of Anadi Sahoo, At-Patimunda, Anantapur, Soro P.S.-Soro, District-Balasore, who is the cousin sister of the petitioner, have stated in the affidavit that if the petitioner is granted bail by the Court, they will stand sureties for him. Copy of the affidavits have been served on the learned counsel for the State. 4. Learned Additional Government Advocate referring to the materials contained in the CD produced by the investigating agency and past allegations of criminal activity against the petitioner, opposes the prayer for bail. 5. However, it is agreed at the bar that in the meanwhile, Final Prosecution Report has been submitted. The affidavits Page 2 of 5 // 3 // on behalf of the petitioner indicating the past allegations of criminal activity, are in sync with the police report and the petitioner is aged about 19 years. 6. Having heard learned counsel for the petitioner, learned Additional Government Advocate for the State, affidavits filed by the father of the petitioner and the cousin sister of the petitioner, considering the materials on record and the fact that the petitioner being aged about 19 years should be given an opportunity to come back to the community that would help him to mend his ways in view of the allegations of past allegations against him, this Court is inclined to grant bail to the petitioner subject to such stringent terms and conditions that would be imposed by the learned court in seisin of the matter and the petitioner shall be released only if he is not wanted in any other case. There will be two local sureties one of whom shall be his father and the other is cousin sister in view of the affidavits would be his maternal aunt as stated in their respective affidavits, taken on record. Copies of the affidavits filed before this Court shall be filed before the learned court in seisin of the matter supported by another affidavit. 7. The conditions that would be imposed by the learned court in seisin of the matter which will be deemed fit and proper shall also include the following conditions : two sureties for an amount to the satisfaction of the learned court in seisin of the matter, out of the two Page 3 of 5 // 4 // sureties one shall be a family member of the petitioner and the other shall be a local person; the court in seisin of the matter shall ensure and verify the credential of the sureties, the court shall direct and record its satisfaction; the petitioner shall not in any manner make any inducement, threat or promise to the prosecution witnesses so as to dissuade them from disclosing truth before the court and shall not tamper with the evidence; the petitioner shall not indulge himself in similar activity; the petitioner shall surrender his passport if any, before the learned court in seisin of the matter and will not leave India without prior permission of the Court and in the event the petitioner has not been issued with any passport, he would submit an affidavit stating the said fact; the petitioner shall appear before the concerned authority as would be so required for the purpose; he shall appear before the police having jurisdiction of his area of residence, if directed by the learned court in seisin of the matter in the manner to be decided by the learned court; the petitioner shall fully cooperate with the ongoing further investigation and make himself available anywhere as and when required for such purpose; Page 4 of 5 // 5 // the petitioner shall be available to be contacted over mobile phone and such phone should remain active and normally not be changed, and in case of any change of mobile number of the petitioner for any bona fide reason, the same shall be communicated to the Investigating Agency; the petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial; the petitioner shall not indulge in any criminal activity or commission of any crime after being released on bail; In case of his involvement in any other criminal activities or breach of any condition imposed for grant of bail, the investigating agency shall file petition for cancellation of bail; 7. The BLAPL is disposed of accordingly. It is clarified that any observations made in this judgment shall not be construed to be the opinion of this Court regarding the merits of the contentions that would be raised in the pending trial before the learned court in seisin by either of the parties to the present petition. ……………………… dutta Signature Not Verified Digitally Signed Signed by: AJIT KUMAR DUTTA Designation: Secretary Reason: Authentication Location: ohc Date: 22-Dec-2023 20:47:42 (M.S.Sahoo) Judge Page 5 of 5