Allowed

Badal@ Akash Mukhi v. State of Odisha

Orissa HC8 Nov 2021BLAPL/7438/2021

Case brief

AI extract

What is this about?

The High Court of Orissa dismissed a bail application as not pressed, then disposed of a second application filed in camera. The Court noted the petitioner was in custody and released him on bail with a bond and conditions, subject to the trial court's verification of the petitioner's status in 24-25 other cases.

What did the court decide?

Petitioner released on bail by furnishing a bond of Rs.50,000 with two sureties, conditioned to avoid criminal activities and attend court dates.

Badal@ Akash Mukhi Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 7438 of 2021

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Badal @ Akash Mukhi …. Petitioner Mr.J.K.Mohapatra, Advocate -versusState of Odisha …. Opposite Party Mr. P.K.Mohanty, ASC

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CORAM:

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JUSTICE R.K.PATTANAIK

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Order No.

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ORDER
08.11.2021
I.A. No.1055 of 2021
1. Learned counsel for the petitioner submits that the
petitioner does not want to press the bail application.
2. Accordingly, this BLAPL application is dismissed as not
pressed.
(R.K.Pattanaik)
Judge
1. Heard learned counsel for the petitioner and learned
Addl. Standing Counsel for the State.

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This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner in connection with Baripada Town P.S. Case No.555 of 2021 corresponding to C.T. Case No. 1406 of 2021 pending in the Court of learned S.D.J.M., Baripada, Mayurbhanj.

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Perused the F.I.R. and impugned order dated 03.08.2021.

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The complainant lodged the F.I.R. alleging therein that wife had going to his village during the night of the alleged occurrence someone committed theft cash of Rs. 50,000/- and gold ornaments, mobile phone etc. On lodging of the F.I.R. Baripada Town P.S. Case No. 555 was registered and in that connection the petitioner was arrested.

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Learned counsel for the petitioner submits that some gold ornaments like ear ring have recovered from the wife of the accused and in the meantime, the investigation was concluded. It is further contended that the petitioner though involved in 24 other criminal cases of similar nature but he is on bail in the said cases and as because in the present case, the charge sheet is already filed, he should be released on bail with any conditions.

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Learned counsel for the State on the other hand contended that the petitioner is involved in 24-25 criminal cases and there has been recovery of some articles stolen from house of the complainant and considering the same he should not be granted bail.

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Learned counsel for the petitioner submits that the accused has been granted bail by this Court in BLAPL Nos. 6389 and 6480 of 2021 and he is on bail in all 24-25 cases and since other two accused persons are also on bail and as because the investigation is now over, he should be released on bail. There is no instruction with the learned counsel for the State regarding any T.I.parade to have been conducted in respect of the stolen articles alleged to have been recovered from the petitioner-wife.

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Having regard to the submissions made and the contentions of the learned counsel for the petitioner to the effect that in all the criminal cases the accused is on bail and since the investigation is stands concluded and the circumstances, the Court is of the considered view that, the petitioner is in custody since 24.06.2021 should be released on bail with the following conditions.

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In the result, it is directed that the petitioner be released on bail on furnishing a bail bond of Rs.50,000/(rupees fifty thousand) with two local solvent sureties for the like amount each to the satisfaction of the learned court below in seisin over the matter with conditions that he shall not be involved in any other criminal activities, while on bail; and shall attend the court on each date of posting of the case till conclusion of the trial; the above order of the bail vis-à-vis the petitioner shall not be given effective, learned trial court finds that the accused is not on bail in above 24-25 cases as his case reveals by the learned counsel appearing to him .

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The BLAPL is accordingly disposed of.

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An urgent certified copy of this order may be issued as per rules.

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Judge

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Badal@ Akash Mukhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Badal@ Akash Mukhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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