Allowed

T.Mohan Rao @ Tirumai Mohan Rao v. State of Odisha

Orissa HC7 Oct 2020BLAPL/6148/2020

Case brief

AI extract

What is this about?

Single judge allowed an application under Section 439 Cr.P.C. for bail for the appellant accused of offences under Sections 370(3), 417 and 34 IPC. Bail was granted subject to specific conditions.

What did the court decide?

Petitioners directed to be released on bail by the learned court below subject to conditions regarding no further offences, no witness interference and appearing before I.O.

T.Mohan Rao @ Tirumai Mohan Rao Vs State of Odisha — Bail and Remand | Orissa HC (2020)

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BLAPL No.6148 of 2020

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07.10.2020 This matter is taken up through video conferencing due to lockdown in the wake of COVID-19 pandemic.

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Heard Mr. S.K. Dash, learned counsel for the petitioners and Mr. S.N. Das, learned Additional Standing Counsel for the State.

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This is an application under Section 439, Cr.P.C., for grant of bail to the petitioner in connection with Muniguda P.S.Case No.114 of 2020 corresponding to G.R.Case No.304 of 2020 pending in the court of the learned J.M.F.C., Bisamcuttack for alleged commission of offences under sections 370(3)/417/34 of the Indian Penal Code.

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Learned counsel for the petitioners submits that the entire allegations made against the petitioners are false and baseless. With an ulterior motive, the police implicated the petitioners though no offence is made out against them. Furthermore, the Muniguda Police falsely roped in the petitioners without recovering any materials from them. The petitioners are in custody since 11.08.2020. The labourers clearly stated that at their own volition they were going to Andhra Pradesh as they had no work at their places of residence. With the aforesaid submissions, learned counsel for the petitioners prays to release the petitioners on bail.

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On the other hand, learned Additional Standing Counsel raises objection and submits that the labourers rescued from the clutches of the petitioners are

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rustic ladies. The intention of the petitioners are to exploit the young girls and not to give engagement to them. Accordingly, their prayer for bail may be rejected.

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Considering the submissions made by the learned counsel for the parties, coupled with the materials available on record and keeping in view the period of detention of the petitioners in custody, I am inclined to allow this bail application and direct that the petitioners be released on bail in the aforesaid case on such terms and conditions as would be deemed fit and proper by the learned court below with the following conditions:

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(i) they shall not involve themselves in similar nature of offences or any other offences;

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(ii) they shall not try to influence or terrorize the prosecution witnesses in any manner; and

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(iii) they shall appear before the I.O. as and when required for the purpose of investigation till submission of charge sheet.

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Violation of any of the above conditions would entail cancellation of bail of the petitioners.

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Accordingly, the BLAPL is disposed of.

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…………..…..…..

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P. Patnaik, J.

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T.Mohan Rao @ Tirumai Mohan Rao v. State of Odisha

Case brief

What is this about?

What did the court decide?

T.Mohan Rao @ Tirumai Mohan Rao v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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