Allowed

Sangram Keshari Mohanty v. State of Odisha

Orissa HC4 Jun 2021BLAPL/2680/2021

Case brief

AI extract

What is this about?

Vacation Court allowed bail to Sangram Keshari Mohanty, a police Havildar arrested in an IPC case involving assault, robbery, and cheating, deeming it a civil dispute and citing jail congestion due to the COVID-19 pandemic as grounds.

What did the court decide?

Petitioner released on bail on conditions fixed by the Court below, including not influencing witnesses and cooperating with the investigation.

Sangram Keshari Mohanty Vs State of Odisha — Cheque Dishonour | Orissa HC (2021)

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BLAPL No. 2680 of 2021

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Sangram Keshari Mohanty …. Petitioner -Vrs.State of Odisha …. Opp. party

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04.06.2021

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Heard Mr. S.K. Rout, learned counsel for the petitioner and Mr. G.N. Rout, learned Addl. Standing Counsel for the State through Video Conferencing mode in the Vacation Court.

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This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner- Sangram Keshari Mohanty in connection with Nayapalli P.S. Case No.145 of 2021 corresponding to C.T. Case No. 1632 of 2021 pending in the Court of the learned S.D.J.M., Bhubaneswar registered for commission of offence punishable under Sections 450/395/120-B of I.P.C.

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The petitioner had moved an application for bail before the Court of learned Addl. Sessions Judge -cum- Special Judge, CBI Court No.III, Bhubaneswar which was rejected on 24.03.2021.

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The prosecution allegations in brief are that on 17.03.2021 at about 4.00 pm, in order to remove his tenant who is the informant, co- accused Bijay Kumar Nayak alongwith 40-50 persons which includes anti socials entered the house of the informant and abused him and his wife in fllthy language, outraged the modesty of his daughter, and took away his documents, computers and cash of Rs 65,000/and compelled him to sign a compromise petition in presence of the petitioner who is a havildar in the Nayapalli Police Station, to vacate the premises.

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Mr. Rout, learned counsel for the petitioner submits that the petitioner is in judicial custody since 17.03.2021. He further submits that the petitioner is a Govt. Servant working

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in the police department and on the date of occurrence he was performing his duty and even accepting the allegations to be true, an offence under Section – 395 I.P.C is not made out against him. He further submits that the case is an outcome of a civil dispute between the parties and some of the co-accused persons standing on similar footing as the petitioner have been released on bail BLAPL No.2687 of 2021 and BLAPL No.2688 of 2021 and another accused have been released on bail in BLAPL No 2544 of 2021 by this Court.

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Mr. G.N. Rout, learned Addl. Standing Counsel for the State opposes the prayer for bail stating that the petitioner being a policeman should have done his duty instead of helping the accused persons and he does not stand on the same footing as the co accused who have been released on bail.

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Sukanta

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Considering the respective submissions, nature of allegations against the petitioner, release of co-accused persons on bail, period of detention of the petitioner in judicial custody and the alarming situation prevailing in the State on account of the resurgence of the COVID-19 Pandemic and necessity to decongest the jails which are grossly overcrowded, I am inclined to allow this application for bail.

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Let the petitioner- Sangram Keshari Mohanty be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, including the following conditions :

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

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He will cooperate with the investigation.

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Violation of any condition will entail in cancellation of bail.

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The BLAPL is accordingly disposed of.

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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

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(Vacation Judge)

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Sangram Keshari Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sangram Keshari Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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