Allowed

Rasmiranjan Samantaray v. State of Odisha

Orissa HC9 Oct 2020BLAPL/1158/2020

Case brief

AI extract

What is this about?

High Court of Odisha agreed with the petitioners who were taken into custody and charge-sheeted under IPC sections 353, 307, 34 and Arms Act sections 25 and 27. As no police officer sustained injury and the implication relied on co-accused confession, the court ordered bail with conditions.

What did the court decide?

Petitioners released on bail by furnishing bond of Rs. 20,000 each with two sureties, undertaking fortnightly police appearance and court appearance.

Rasmiranjan Samantaray Vs State of Odisha — Anticipatory Bail | Orissa HC (2020)

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BLAPL No. 1158 of 2020

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Rasmiranjan Samantaray ..…. Petitioner

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-Vrs.State of Odisha ……. Opp. Party

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BLAPL No.3329 of 2020

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Santosh Mallik …… Petitioner -Vrs.State of Odisha …… Opp. Party

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09.10.2020 Both the matters are taken up through Video Conferencing.

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

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Since both the applications under section 439 of Cr.P.C. are in connection with G.R. Case No.1473 of 2019 arising out of Kendrapada Sadar P.S. Case No.273 of 2019 pending in the Court of learned S.D.J.M., Kendrapara for offences punishable under sections 353/307/34 of the Indian Penal Code and sections 25 and 27 of the Arms Act, with the consent of the parties, those are heard analogously and disposed of by this common order.

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The petitioners moved an application for bail before the Court of learned Sessions Judge, Kendrapara which was rejected on 29.01.2020.

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Learned counsel for the petitioners submitted that the petitioners were taken on remand in this case on 20.01.2020 and they have been charge sheeted under sections 353/307/34 of the Indian Penal Code and sections 25 and 27 of the Arms Act. He further submitted

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that none of the police officials has sustained any injury and the implication of the petitioners is based on the confessional statement of co-accused Hrusikesh Barik and therefore, the bail applications may be favourably considered.

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Learned counsel for the State on the other hand opposed the prayer for bail and submitted that some incriminating articles were seized from the possession of co-accused and each of the petitioners has got two criminal antecedents.

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Considering the submission made by the learned counsel for the respective parties, the nature of accusation against the petitioners, the fact that the implication of the petitioners is based on the confessional statement of co-accused before police and that none of the police officers has sustained any injury and taking into account the 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 bail bond of Rs.20,000.00 (rupees twenty thousand) each with two solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper with further conditions that the petitioners shall appear before the Inspector in-charge of Kendrapada Sadar police station once in a fortnight for a period of six months from the date of their release and shall not

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indulge in any criminal activities and shall appear before the learned trial Court on each date when the case would be posted for trial. Violation of any terms and conditions shall entail cancellation of bail.

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Accordingly, both the bail applications are disposed of.

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Urgent certified copy of this order is granted on proper application.

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sisir

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…………………..…… S.K. Sahoo, J.

Rasmiranjan Samantaray v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rasmiranjan Samantaray v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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