The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13124 of 2023 Birendra Singh Petitioner Mr.Amitav Das, Adv. t …. State of Odisha …. Opp.Party -versus- CORAM: Mr. S.S.Mohapatra, ASC JUSTICE M.S.SAHOO Order No.
Decision
ORDER 12.12.2023 Hybrid Mode 03. 1. Heard learned Counsel for petitioner and Mr. S.S. Mohapatra, learned ASC. 2. The BLAPL has been filed under Section 439 Cr.P.C., seeking release of the petitioner on bail who is in jail custody in connection with CID, CB P.S. Case No. 15 of 2023, corresponding to Model P.S., Sahadevkhunta Balasore, P.S. Case No.303 of 2023, corresponding to C.T. Case No.593 of 2023 pending in the court of learned S.D.J.M., Balasore for alleged commission of offence under Sections 419/420/467/468/34 of IPC. 3. Learned counsel for the petitioner refers to the order dated 30.11.2023 to submit that he has filed affidavit dated 05.12.2023 through his wife in terms of the said order, which is on record. It is submitted by the learned counsel for the petitioner that he has served copy of the said affidavit and he has retained the receipt of the same received from the office of the Advocate // 2 // General. It is also submitted that though the petitioner is resident of a nearby State, he shall abide by the terms and conditions that would be imposed and shall subject himself to the jurisdiction of the court in seisin of the matter and also shall abide by the terms and conditions that would be imposed for grant of bail. 4. However, the learned Additional Standing Counsel for the State submits that he has not having a copy of the affidavit dated 05.12.2023 on behalf of the petitioner. However, the police report received by him does not indicate any past allegations of criminal activity against the petitioner which is in sync with the statement made in the affidavit. 5. Learned counsel for the petitioner submits that the petitioner is in custody since 17.07.2023. Final Prosecution Report has been submitted on 10.11.2023. Considering the period of incarceration and the fact that the F.P.R. has been filed, petitioner should be shown indulgence as far as prayer for bail is concerned. It is submitted that the petitioner seeks parity with other co-accused who have been granted bail earlier. 6. Learned Addl. Standing Counsel for the State vehemently opposes the prayer of the petitioner for grant of bail referring to the materials contained in the case diary and the allegations against the petitioner in particularly, calendar of evidence produced by the investigating agency. It is stated by the learned ASC on instruction that the allegations involve persons who are from outside State and further investigation is required and the investigation has been kept open under section 173(8) of Cr.P.C. Page 2 of 5 // 3 // It is stated that the Court should not show indulgence to grant bail to the petitioner in view of the wider ramification of the allegations. 7. Having heard learned counsel for petitioner, learned ASC for the State, considering the materials on record and the period of incarceration, this Court is inclined to grant bail to the petitioner subject to such further stringent terms and conditions that would be imposed by the learned court in seisin of the matter which shall also include the following conditions : a bail bond of Rs.7,00,000/- (Rupees seven lakhs) with two sureties for the like amount, to the satisfaction of the learned court in seisin of the matter out of which one surety shall be a family member of the accused and the other shall be a local surety; the court in seision of the matter shall ensure and verify the credential of the sureties regarding which the learned court shall direct and record its satisfaction before grant of bail; 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 case and will not leave India without prior permission of the Court and in the event the Page 3 of 5 // 4 // 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 of the investigating agency as would be so required for the purpose of investigation, he shall appear before the police having jurisdiction of his area of residence if required/directed by the learned court in seisin of the matter; the petitioner shall fully cooperate with the ongoing further investigation and make himself available as and when required for such purpose; the petitioner shall be available to be contacted over his 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 participate in commission of any crime after being released on bail; in case of his involvement in any other criminal activities or breach of any of the conditions imposed for grant of bail, it shall result in filing of petition by the investigating agency for cancellation of bail. Learned court in seisin of the matter shall also hear the learned counsel for petitioner and learned Public Prosecutor for Page 4 of 5 // 5 // the investigating agency before imposing further conditions that would be deemed fit and proper by the learned court. 8. The BLAPL is disposed of accordingly. Issue urgent certified copy as per rules. ……………………… (M.S.Sahoo) Judge jyostna Signature Not Verified Digitally Signed Signed by: JYOSTNARANI MAJHEE Reason: Authentication Location: OHC Date: 18-Dec-2023 18:17:11 Page 5 of 5