Allowed

Bhimasena Hati v. State of Odisha

Orissa HC14 Oct 2020BLAPL/9679/2019

Case brief

AI extract

What is this about?

The court allowed an application for bail under Section 439 Cr.P.C. for an accused in a robbery case, releasing him on a bond of Rs.20,000 with two sureties subject to standard conditions including appearing in court and not influencing witnesses.

What did the court decide?

Petitioner released on bail on bond of Rs.20,000 with two sureties for Rs.20,000 each. Conditions imposed to appear in court, assist I.O., and not influence witnesses.

Bhimasena Hati Vs State of Odisha — Bail and Remand | Orissa HC (2020)

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BLAPL No.9679 of 2019

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05. 14.10.2020

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This matter is taken up through Video Conferencing due to Lockdown in the wake of Pandemic COVID-19.

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

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This is an application under Section 439, Cr.P.C. filed by the present petitioner, who has been involved in C.T. Case No.385 of 2019 pending in the court of the learned S.D.J.M, Phulbani arising out of Gochhapada P.S. Case No.59 of 2019 for commission of offences under Sections 395/450 of the I.P.C. His bail application was rejected by the learned Sessions Judge, Phulbani.

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It is submitted by the learned counsel for the petitioner that the petitioner has been implicated in this case basing on the confessional statement of the coaccused and nothing has been recovered from the conscious possession of the present petitioner.

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On the other hand, learned counsel for the State submits that if the petitioner is released on bail he may involve in similar offences.

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Moreover, the petitioner happens to be the permanent resident of village-Kadampanga under Gochhapada Police Station in the district of Kandhamal. Hence, there is no reasonable chance of his ascendance from justice.

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Considering the rivalised submissions made by the learned counsel for both the parties and having regard to

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the period of detention in custody of the petitioner, I am inclined to allow this bail application and direct that the petitioner be released on bail on executing bond of Rs.20,000/- (Rupees twenty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned S.D.J.M., Phulbani in connection with the aforesaid case subject to the following conditions:

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(i) he shall appear before the trial court on each date of posting of the case;

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(ii) he shall appear before the I.O. as and when required during investigation;

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(iii) He shall not try to influence or terrorize the witnesses of the prosecution in any manner.

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Violation of any of the above conditions and registration of any new case against the petitioner shall entail cancellation of his bail.

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The BLAPL is accordingly disposed of.

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P. Patnaik, J.

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G/D

Bhimasena Hati v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bhimasena Hati v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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