Guru Charan Biswal Vs State Of Odisha

Orissa High Court 2 Jul 2024 Bail Application No. 6421 Of 2024 (2024) 07 OHC CK 0019
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Bail Application No. 6421 Of 2024

Hon'ble Bench

A.K. Mohapatra, J

Advocates

Rajesh Kumar Mahapatra, S.Jena

Final Decision

Disposed Of

Acts Referred
  • Code of Criminal Procedure, 1973 - Section 439
  • Indian Penal Code, 1860 - Section 42, 201, 336, 428
  • Wildlife Protection Act, 1972 - Section 51

Judgement Text

Translate:

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 2(b) C.C. Case No. 04

of 2024, arising out of O.R. Case No. O1B of 2024-25, Bantala Range, Angul Forest (T) Division, pending in the Court of learned S.D.J.M, Angul for

alleged commission of offence punishable under Section 51 of the Wild Life (Protection) Act, 1972 read with Section of 428/42/336/201 I.P.C.

4. Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned

counsel for the Petitioner that the Petitioner is in custody since 12. 05.2024. He further contended that one Ashok Kumar Pradhan has already been

released on bail by the trial court. He further submitted that on the basis of the confessional statement of the co-accused, the Petitioner has been

falsely implicated in the present case. He further contended that the Petitioner does not have any similar criminal antecedents and that the Petitioner

belongs to the locality and there is no chance of absconding. In such view of the matter learned counsel for the Petitioner contended the Petitioner be

released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

5. Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that the allegations made in the

F.I.R. are very serious in nature. Further submitted that the investigation is still on, therefore, in the event the Petitioner is released on bail, the same

would cause delay in filing of the charge sheet. Therefore, on such ground, learned counsel for the State submitted that the bail application of the

Petitioner be rejected at this juncture.

6. Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, this

Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

7. Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.25,000/- (Rupees Twenty Five

thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.

8. It is further directed that the bail granted to the Petitioner be subject to the condition that the court below shall verify the similar criminal antecedent

of the Petitioner. In the event the Petitioner is having any similar criminal antecedent, this bail order shall automatically stand revoked

9. The BLAPL is, accordingly, disposed of.

..………………………….

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