G. Satapathy, J
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Air Field P.S. Case No.259 of 2023 arising out of
C.T. Case No.794 of 2023 pending in the file of learned J.M.F.C.(Cog.-I), Bhubaneswar, for commission of offences punishable under Sections
385/386/34 of IPC read with Sections 25/27 of Arms Act, on the allegation of extorting money from the Truck owners.
3. Heard, Mr. J. Sahoo, learned counsel for the petitioner and Mrs. S.R. Sahoo, learned ASC in the present matter and perused the record.
4. After having considered the rival submissions and taking into consideration the nature and gravity of offence as alleged against the petitioner, so
also the accusations sought to be brough against him and regard being had to the pre-trial detention of the petitioner in custody since 17.10.2023 and
on going through the materials placed on record including the offences alleged to be triable by the Magistrate First Class and taking into account the
law laid down by the Apex Court in Satendra Kumar Antil Vrs. Central Bureau of Investigation; (2021) 10 SCC 773 and release of co-accused
Roshan Jena on bail in BLAPL No.14685 of 2023, this Court admits the petitioner to bail.
5. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees
Fifty Thousand) only with two solvent sureties each 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 petitioner shall not commit any offence while on bail,
(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the
Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the
Petitioner for offence U/S.229-A of IPC in accordance with law.
(iii) the petitioner shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case and the petitioner shall give his
present address of stay,
iv) the petitioner 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 for six(06) months from the actual date of his release from the custody.
The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his 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 petitioner 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
petitioner in future for grave/similar offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.
6. Accordingly, the BLAPL stands disposed of.
7. Issue urgent certified copy of the order as per Rules.
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