The High Court granted bail to the petitioner Siladatya Singh in a terror-related case involving offences under the UAPA and IPC, directing release on specified conditions and expediting the trial below.
Petitioner to be released on bail in S.T. Case No.93 of 2020 on specified terms and conditions including monthly appearance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL No. 1955 of 2021
Siladatya Singh …. Petitioner
-Vrs.-
State of Odisha …. Opp. party
04. 23.06.2021
Heard Mr.P.K.Jena, learned counsel for the petitioner and Mr.S.S.Mohapatra, learned Addl. Standing Counsel for the State through Video Conferencing mode.
This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner-Siladatya Singh in connection with Badagada P.S. Case No.05 of 2011 corresponding to G.R. Case No.07 of 2011 (B) of the court of learned J.M.F.C., Surada, presently pending before the court of learned Addl. Sessions Judge, Bhanjanagar in S.T. Case No.93 of 2020. Chargesheet has been submitted for commission of offences under Sections -120 (B), 121, 121(A), 124(A), 435, 427 IPC and Section - 10/13/16/ 18A/20/39/40 of the UAP Act read with Sec-17 of the Criminal Law Amendment Act.
The petitioner had moved an application for bail before the Court of learned Addl. Sessions Judge, Bhanjanagar which was rejected on 22.02.2021.
Bichi
The prosecution allegations in brief are that on 19.01.2011 at 7.00 A.M., the informant-Nabaghana Sahu, has lodged a written report in Badagada Police Station that when his Hitachi Machine bearing No.Ex70 was engaged for construction work, he saw some unknown persons burnt the said vehicle. FIR was registered against unknown persons under Sections – 435/427 IPC.
2
Learned counsel for the petitioner submits that the co-accused persons, namely, Sangram Keshari Mohanty, Nirakar Naik, Kandra Dala Behera and Sudarsan Mandal has been released on bail by the Hon’ble Apex Court as well as by this Court and that the present petitioner stands on similar footing. He further submits that the petitioner is not an absconder and was facing trial in ST Case Nos.130 of 2013, 131 of 2013 and 132 of 2013 and was acquitted in those cases and another bail application in respect of one other case is listed today. He also submits that the petitioner is a permanent resident of Village: Balinala, P.S. Badagada in the district of Ganjam, which precludes any reasonable apprehension of his absconding from the process of justice, if he is released on bail.
Mr. S.S. Mohapatra, learned Addl. Standing Counsel submits that the petitioner is a member of a maoist organization and has a number of criminal antecedents but does not dispute the fact that other accused persons standing on similar footing have been released on bail.
Considering the respective submissions of the learned counsel, the period of detention of the petitioner in custody and release of the co-accused on bail, it is directed that the petitioner shall be released on bail in S.T. Case No.93 of 2020 on such terms and conditions as deemed just and proper by the court in seisin over the matter including the following conditions:
3
Violation of any conditions will entail in cancellation of bail. The learned court below is directed to expedite the trial as early as possible.
The BLAPL is accordingly disposed of.
Copy of this order be communicated to the IIC Badagada Police Station, District-Ganjam.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the petitioner may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s Notice No.4587 dated 25th March, 2020 as modified by Court’s Notice No.4798 dated 15th April. 2021.
………………..……..
Savitri Ratho (Judge)
4
1 issue framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.P.C. considering linked offences under UAPA and IPC.
3 provisions across 3 enactments
Siladatya Singh
State of Odisha
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
