Allowed

Bhalu @ Pravas Kumar Mohapatra v. State of Odisha

Orissa HC22 Jun 2021BLAPL/599/2021

Case brief

AI extract

What is this about?

This is an application under Section 439 Cr.P.C. for bail in a theft case involving stealing of a truck carrying eggs. The High Court allowed bail, considering co-accused bail and lack of antecedents, and imposed standard reporting conditions.

What did the court decide?

Petitioner released on bail on terms including reporting to Banpur Police Station every fortnight and appearing in court on each posting date.

Bhalu @ Pravas Kumar Mohapatra Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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BLAPL No. 599 of 2021

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Bhalu @ Pravas Kumar Mohapatra …. Petitioner

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-Vrs.-

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State of Odisha …. Opp. party

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22.06.2021

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This matter is taken up through video

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conferencing mode.

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Heard Mr. R.N. Mohanty, learned counsel for the petitioner and Mr. S.S. Mohapatra, learned Addl. Standing Counsel for the State.

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This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner-Bhalu @ Pravas Kumar Mohapatra in connection with Banpur P.S. Case No.313 of 2020 corresponding to G.R. Case No. 461 of 2020 pending in the Court of the learned J.M.F.C., Banpur registered for commission of offences punishable under Section 395 of IPC.

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The petitioner had moved an application for bail before the Court of learned Asst. Sessions Judge, Banpur which was rejected on 16.11.2020.

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puspa

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The prosecution allegations in brief are that on 02.10.2020 around 9 P.M., when the truck of the informant, loaded with eggs was on NH-16, near Banpur-Bishnudiha, a white Bolero vehicle came from behind and stopped the truck. Two persons came from the Bolero vehicle and forcibly dragged the driver and helper outside and took them in the Bolero alongwith the truck loaded with eggs. While co accused Khageswar drove the truck, the petitioner allegedly escorted the truck in his motorcycle. They sold the eggs to one Susa @ Susanta Patra and left the truck in an open place. The petitioner and Khageswar have been identified in the T.I. Parade.

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Mr. R.N. Mohanty, learned counsel for the petitioner submits that the petitioner is in judicial custody since 20.10.2020 on the allegation that along with co-accused, they have stolen a truck carrying boxes of eggs and also abducted the driver and helper and thereafter released them. He further states that chargesheet has been filed and other co-accused persons have been released on bail in the meanwhile. Sanjay Patalasingh in BLAPL No.8549 of 2020, Khageswar Mahapatra @ Khaga @ Birapan@ Nana in BLAPL No.9327 of 2020 standing on similar footing as the petitioner have been released on bail and the petitioner has no criminal antecedents. He has annexed the copies of the orders, with the bail application.

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Mr. S.S. Mohapatra, learned Addl. Standing Counsel for the State opposes the prayer for bail stating that these type of cases are increasing every day and some co-accused are yet to be arrested and that the petitioner has been identified in T.I.Parade.

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Considering the respective submissions, nature of accusations against the petitioner, period of his detention in judicial custody, stage of investigation and release of coaccused on bail, I am inclined to allow the prayer for bail.

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Let the petitioner-Bhalu @ Pravas Kumar Mohapatra be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the case, including the following conditions:

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

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He will report before Banpur Police Station once a fortnight on every Sunday between 5.00 P.M. to 7.00 P.M.

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He will appear in Court in person on each date of posting of the case.

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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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Copy of this order be sent to the I.I.C Banpur Police Station.

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

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………………..……

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Savitri Ratho (Judge)

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Bhalu @ Pravas Kumar Mohapatra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bhalu @ Pravas Kumar Mohapatra v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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