Allowed

Agasti Ghatal v. State of Odisha

Orissa HC20 Jun 2019BLAPL/1514/2019

Case brief

AI extract

What is this about?

Allowed bail application in connection with FIR Phulbani Sadar P.S. Case No.2 of 2019 involving charges under IPC, Arms Act and UAPA after examining submissions on custodial detention and lack of specific overt acts.

What did the court decide?

Petitioners released on bail on furnishing bond of Rs.20,000/- each with two local sureties for like amount to satisfaction of learned court in seisin.

Agasti Ghatal Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2019)

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BLAPL No. 1514 of 2019

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20.06.2019 Heard learned counsel for the petitioners and learned counsel for the State.

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This is an application under section 439 Cr.P.C. in connection with Phulbani Sadar P.S. Case No.2 of 2019 corresponding to C.T. Case No.5 of 2019 pending in the Court of learned S.D.J.M., Phulbani for alleged commission of offences under sections 147, 148, 120-B, 121, 121-A, 124-A, 435/ 149 of the Indian Penal Code, sections 25 and 27 of the Arms Act, and sections 16, 18, 18-A and 20 of the Unlawful Activities (Prevention) Amendment Ordinance Act, 2004.

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The petitioners moved an application for bail before the learned Sessions Judge, Kandhamal, which was rejected on 31.01.2019.

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Learned counsel for the petitioners submitted that the petitioners are in judicial custody since 15.01.2019 and in the meantime charge-sheet has already been submitted under sections 147, 148, 120-B, 121, 121-A, 124-A, 435/ 149 of the Indian Penal Code, sections 25 and 27 of the Arms Act and sections 16, 18, 18-A and 20 of the Unlawful Activities (Prevention) Amendment Ordinance Act, 2004.. He further submitted that there is no specific overt act against the petitioners and no money was taken from the informant and therefore, the bail application of the petitioners may be favourably considered. He produced the certified copy of the charge-sheet, which is taken on record.

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Learned counsel for the State has produced the case diary and opposed the prayer for bail.

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Considering the submissions of the learned counsel for the respective parties, nature of accusation against the petitioners and period of detention of the petitioners in judicial custody, I am inclined to release the petitioners on bail.

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Let the petitioners be released on bail in the aforesaid case on furnishing a bail bond of Rs.20,000/- (rupees twenty thousand) each with two local sureties each for the like amount to the satisfaction of the

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learned Court in seisin over the matter and with further conditions as the learned Court may deem just and proper. The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.

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��..�� S.K.Sahoo, J.

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PKSahoo

Agasti Ghatal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Agasti Ghatal v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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