Orissa High Court
Mithun @ Narayan Bisoyi vs State Of Odisha ….. Opposite Party on 20 December, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.8761 of 2024
Mithun @ Narayan Bisoyi ..... Petitioner
Represented By Adv. -
Mr. Debasis Sarangi
-versus-
State Of Odisha ..... Opposite Party
Represented By Adv. -
Mr. M.K. Mohanty, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
20.12.2024
Order No.
02. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel appearing for the Petitioner and
learned Additional Government Advocate 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 G.R. Case No.436 of 2024, arising out of Kabisuryanagar
P.S. Case No.441 of 2024, pending in the Court of learned
J.M.F.C., Kabisuryanagar, for alleged commission of offences
punishable under Sections 341/294/323/307/506/34 of the I.P.C.
read with Sections 25(1)(a)/27 of the Arms Act.
4. Learned counsel for the Petitioner submits that earlier this
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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 30.07.2024. He further contended
that investigation has progressed substantially in the meantime.
Learned counsel for the Petitioner further referring to the
allegations made in the F.I.R., submitted that the injury sustained
by the injured is simple in nature. Further contended that
although the Petitioner is having 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 release on
bail.
5. Learned Additional Standing Counsel, on the other hand,
opposed the bail application of the Petitioner on the ground that
the Petitioner is having criminal antecedents. Further submitted
that in the event the Petitioner is released on bail, he might
indulge in similar criminal offences. 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 a 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.30,000/-
(Rupees Thirty thousand) with two solvent sureties each for the
like amount to the satisfaction of the learned court in seisin over
the matter. The release of the Petitioner shall also be subject to
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the conditions that he shall not indulge in any criminal activities
while on bail; he shall appear before the trial court on each and
every date of posting of the case, if not prevented by sufficient
cause; and he shall appear before the local police station once in
a week, preferably on ‘Sunday’ in between 10.00 A.M. to 1.00
P.M. for a period of four months, thereafter once in a fortnight
for a period of six weeks and thereafter once in a month till
conclusion of the trial.
8. It is open for the Court in seisin over the matter to impose
any other conditions as may be deemed just and proper.
Violation of any other conditions shall entail cancellation of the
bail application.
9. Further, the release of the Petitioner shall also be subject to
furnishing a cash security of Rs.5,000/- (Rupees five thousand)
before the Court in seisin over the matter which shall be kept in
interest bearing fixed deposit account in the name of the court in
any nationalized bank and renewed from time to time till
disposal of the case. The said deposit shall be subject to the final
outcome of the trial.
10. The BLAPL is, accordingly, disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra)
Judge
Signature Not Verified
Digitally SignedDebasis
Signed by: DEBASIS AECH
Reason: Authentication
Location: ORISSA HIGH COURT
Date: 23-Dec-2024 17:05:31
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