Orissa High Court
Jitu @ Jitendra Swain vs State Of Odisha ….. Opposite Parties on 20 December, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.9537 of 2024
Jitu @ Jitendra Swain ..... Petitioner
Represented By Adv. -
Mr. Rajjeet Roy
-versus-
State Of Odisha ..... Opposite Parties
Represented By Adv. -
Mr. Samresh Jena, ASC
M/s. Amitav
Tripathy,ashok Kumar
Brhera, Saswat Kumar
Sethi
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
20.12.2024
Order No.
03. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. This is an application under Section 439 of Cr.P.C. filed
by the Petitioner for bail in connection with Fategarh P.S. Case
No.141 of 2024, corresponding to G.R. Case No.132 of 2024,
pending in the file of learned J.M.F.C., Bhapur, for commission
of alleged offences under Section 341/ 294/ 506/ 324/ 354/ 307/
379/ 323/34 of the I.P.C.
3. Heard learned counsel for the parties. Perused the records.
4. Learned counsel for the Petitioner submitted that the
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Petitioner is in custody since 06.09.2024. He further contended
that in the meantime, investigation has been concluded and
charge sheet has been filed. Learned counsel for the Petitioner
further submitted that injuries sustained by the injured are simple
in nature. He further contended that although the Petitioner is
having two criminal antecedents, however he is ready and
willing to abide by any terms and conditions that would be
imposed by this Court in the event he is released on bail.
5. Learned counsel for the State, on the other hand, opposed
the release of the Petitioner on bail on the ground that the
Petitioner is having criminal antecedents. Therefore, in the event
the Petitioner is released on bail, there is every likelihood that he
might indulge in similar criminal offences.
6. Learned counsel for the Informant submitted that the
injuries sustained by the injured are grievous in nature. On such
ground, learned counsel for the Petitioner submitted that taking
into consideration the gravity and seriousness of the allegation,
the Petitioner should not enlarged on bail.
7. Considering the submissions made by the learned counsels
appearing for the respective parties and on a careful examination
of the materials on record, further keeping in view the period of
custodial detention of the Petitioner and the fact that the charge
sheet has been filed, this Court is inclined to release the
Petitioner on bail.
8. Hence, it is directed that the Petitioner be released on bail
on furnishing a bail bond of Rs.35,000/- (Rupees Thirty Five
Thousand) with two local solvent sureties each for the like
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amount to the satisfaction of the court in seisin of the matter.
The release of the Petitioner shall also be subject to such other
terms and conditions imposed by the court in seisin over the
matter. The release of the Petitioner shall also be subject to the
conditions that he shall appear before the local police station
once in fortnight, preferably on ‘Sunday’ in between 10.00 A.M.
to 1.00 P.M., for a period of four months. Violation of any of
the conditions shall entail cancellation of bail.
9. It is further directed that the bail granted to the Petitioner
is subject to verification of criminal antecedent. In the event it is
found by the court in seisin over the matter that the Petitioner is
having more than two criminal antecedents, then this order shall
not be given effect to.
10. The BLAPL is, accordingly, disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra)
Judge
Debasis
Signature Not Verified
Digitally Signed
Signed by: DEBASIS AECH
Reason: Authentication
Location: ORISSA HIGH COURT
Date: 23-Dec-2024 17:05:31
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