A.K. Mohapatra, J
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the
materials placed before this Court.
3. The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with C.T.Case No.270 of
2023, arising out of Kasafal Marine P.S.Case No.14 of 2023, pending in the Court of learned J.M.F.C.(R), Balasore for alleged commission of
offence punishable under Sections 341, 342, 323, 324, 506, 307, 377, 511, 384/34 of the Indian Penal Code.
4. It is submitted by the learned counsel for the Petitioner that the petitioner is in custody since 17.03.2024. He further contended that in the meantime
investigation has been concluded and Charge Sheet has been filed. With regard to the allegations made in the F.I.R., learned counsel for the Petitioner
submitted that the injuries sustained by the injured are simple in nature. Further, learned counsel for the Petitioner contended that since the Petitioner
belongs to the locality, there is no chance of his absconding. He further contended that although the Petitioner is having some criminal antecedents,
however there is no serious allegation of such criminal cases registered against the Petitioner. It is also contended by learned counsel for the Petitioner
that referring to the allegation made against the Petitioner the offence under section 377 of the Indian Penal Code is not made out against the
Petitioner. Further, he contended that the Petitioner is ready and willing to abide by the terms and conditions that will be imposed in the event of his
release on bail.
5. Learned Additional Standing Counsel appearing for the State on the other hand objected to the release of the Petitioner on bail on the ground that
the allegations made in the F.I.R. are serious in nature. Further, it is contended by the learned counsel for the State that the Petitioner is having
criminal antecedents, therefore there is every possibility of his involvement in criminal offences in the event of his release on bail. In such view of the
matter, the prayer for bail of the Petitioner be rejected at this juncture.
6. Having heard learned counsels for the parties as well as on careful examination of the background facts of the present case and taking into
consideration the fact that the offence under section 377 of the Indian Penal Code is made out against the Petitioner, this Court is inclined to grant bail
to the Petitioner and it is directed that let the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.35,000/- (Rupees
Thirtyfive thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter with the
following terms and conditions.
I) The Petitioner shall not be involved in any similar nature of offence while on bail;
II) he shall appear before the trial court on each and every date fixed without fail;
III) he shall appear before the concerned P.S. once in a fortnight preferably on Sunday between 10 A.M. to 1 P.M. for a period of three moths and thereafter once in a
month till conclusion of trial.
IV) he shall not threaten, harass, influence or terrorise the victim and his family members in any manner while on bail.
Violation of any of the terms and conditions shall entail cancellation of bail.
7. The BLAPL is, accordingly, disposed of.
8. Issue urgent certified copy of this order as per Rules.
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