Sunil @ Biswa Ranjan Rath & Anr. v. Kishore Kumar Mishra

CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 08.11.2024 Order No.

This matter is taken up through Hybrid mode. Heard learned counsel appearing for the Petitioners and learned Additional Standing Counsel appearing for the State- Opposite Party. Perused the materials placed before this Court.

The present bail application under Section 483 of BNSS, has been filed by the Petitioners for regular bail relating to Baliapanda P.S. Case No.162 of 2024, corresponding to G.R. Case No.616 of 2024, pending before the learned J.M.F.C. (Cog-I), Puri, for alleged commission of offence punishable under Section 25(5) of Arms Act, 1959, read with Sections 186(2), 189(5), 308(4), 111(2), 351(2), 190 of BNS.

Learned counsel for the Petitioners 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 Petitioners that the Petitioners are in custody since 08.08.2024. He further contended investigation has progressed substantially and the final charge-sheet is likely to be filed soon. Learned counsel for the Petitioners further contended that as per allegation of the FIR, one Papu Barala is the principal accused in the present case. So far, the present Petitioners are concerned, they have been falsely implicated in the present case. He further contended that since the Petitioners belong to locality, there is no chance of their absconding. In such view of the matter, learned counsel for the Petitioners submitted that the Petitioners be released on bail on any terms and condition deemed fit by this Court which the Petitioners undertake to abide by while on bail.

Learned counsel for the State on the other hand contended that the allegations made in the FIR are serious in nature. Learned counsel for the State opposed the release of the Petitioners in view of the nature and seriousness of allegation made against the Petitioners. Therefore, he submitted that the prayer for bail of the Petitioners be rejected at this juncture.

Having heard the learned counsels appearing for the respective parties and on careful consideration of the surrounding facts as well as materials on record, and the period of custodial detention of the Petitioners, this Court is inclined to release the Petitioners on bail on furnishing a bail bond of Rs.35,000/- (Rupees Thirty Five Thousand) each with two solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. Release of the Petitioners shall also be subject to following conditions:- i) shall cooperate with the investigation and appear before the I.O. as and when their presence is required and shall cooperate Page 2 of 3. with the early conclusion of the investigation; ii) shall not indulge in any similar criminal offence while on bail; iii) shall appear before the concerned Police Station once in a week for a period of six weeks, thereafter, once in a fortnight for a period of four months preferably on 'Sunday’ in between 10.00 A.M to 1.00 PM; Violation of any of the terms and conditions shall entail cancellation of bail.

It is further directed that the bail granted to the petitioners is subject to verification of criminal antecedent. In the event, the Petitioners are having any criminal antecedent, then this order stands automatically revoked.

The BLAPL is, accordingly, disposed of. Anil ( A.K. Mohapatra) Judge Page 3 of 3. Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 11-Nov-2024 12:00:50