Allowed

Siladatya Singh v. State of Odisha

Orissa HC23 Jun 2021BLAPL/1956/2021

Case brief

AI extract

What is this about?

The High Court disposed of a bail application under Section 439 Cr.P.C. for Siladatya Singh involved in offences under IPC and UAP Act. Considering co-accused bail grants and detention period, the Court ordered release on bail with specific conditions and directed the trial court to expedite the trial.

What did the court decide?

Petitioner ordered to be released on bail with conditions including monthly appearance at police station, abstaining from criminal activity, and remaining present for trial.

Siladatya Singh Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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BLAPL No. 1956 of 2021

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Siladatya Singh …. Petitioner

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-Vrs.-

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State of Odisha …. Opp. party

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04. 23.06.2021

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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.

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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.04 of 2011 corresponding to G.R. Case No.06 of 2011 of the court of learned J.M.F.C., Surada, presently pending before the learned Addl. Sessions Judge, Bhanjanagar in S.T. Case No.94 of 2020, where chargesheet has been filed for commission of offences punishable under Sections -120 (B), 121,121 (A),124(A), 435, 379,143 IPC, Section – 10/13/ 16/18A/20/39/40 of the UAP Act read with Sec-17 of the Criminal Law Amendment Act against the petitioner and others.

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The petitioner had moved an application for bail before the Court of learned Addl. Sessions Judge, Bhanjanagar which was rejected on 22.02.2021.

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Bichi

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The prosecution allegations in brief as per the FIR lodged by Santosh Kumar Sahu, a sub contractor is that on 19.01.2011 a work order was allotted in favour of one Girish Chandra Sahu and on 18.01.2011 midnight about 12/13 unknown culprits armed with guns and mausers arrived in the camp at Boroda and drove away the labourers, poured diesel on the Hitachi Tata Machine and

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two tractors and set them on fire. They also took one Tipper Truck, five mobile handsets and one Hero Honda motorcycle and the driver Madhab Sahu, but left him at a nearby place. FIR was registered against 12-13 unknown persons for offences under Sections147/148/435/ 379/366/149 IPC and Section-25 of the Arms Act.

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Learned counsel for the petitioner submits that the co-accused persons, namely, Sangram Keshari Mohanty & Nirakar Naik, Kandra Dala Behera and Sudarshan Mandal have 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 he is not an absconder and was facing trial in S.T. 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.

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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.

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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.94 of 2020 on such terms and conditions as deemed just

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and proper by the court in seisin over the matter including the following conditions:

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He will appear before the Inspector-in-Charge of the Badagada Police Station on the first Sunday of each month in between 10.00 am to 4.00 pm.

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He will not indulge in any criminal activity while on bail.

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He will not threaten or try to influence prosecution witnesses while on bail.

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He will remain present in Court on each date of trial.

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Violation of any conditions will entail in cancellation of bail. The learned court below is directed to expedite the trial as early as possible.

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The BLAPL is accordingly disposed of.

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Copy of this order be communicated to the IIC Badagada Police Station, District-Ganjam.

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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 25^th March, 2020 as modified by Court’s Notice No.4798 dated 15^th April. 2021.

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………………..…….. Savitri Ratho (Judge)

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Siladatya Singh v. State of Odisha

Case brief

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Siladatya Singh v. State of Odisha

Case brief

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