Allowed

Ratikanta Behera v. State of Odisha

Orissa HC10 Nov 2021BLAPL/8400/2021

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C., the High Court noted that the investigation was complete with the charge sheet filed. Due to lack of recovery of stolen cash from the petitioner and custody exceeding two months, the Court granted bail subject to strict conditions.

What did the court decide?

Petitioner released on bail furnishing a bond of Rs.40,000 with two sureties for like amount, subject to conditions regarding non-involvement in crime and attendance.

Ratikanta Behera 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. 8400 of 2021

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Ratikanta Behera

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…. Petitioner

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Mr. A.K.Nath, Advocate

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-versus-

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State of Odisha

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Opposite Party Mr.K.K.Gaya , ASC

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CORAM:

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JUSTICE R.K.PATTANAIK

Order No.

ORDER

10.11.2021

Heard learned counsel for the petitioner and the 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 Banarpal P.S. Case No. 333 of 2020 corresponding to G.R. Case No. 2370 of 2020 pending in the court of learned J.M.F.C., Banarpal.

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Perused the F.I.R. and other documents.

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The complainant lodged the F.I.R. alleging therein that on 16.12.2020 at about 2.15, while he was on his way, on reaching the spot, six unknown persons arrived in three bikes and other two in another bike, detained him on the point of bhujali and snatched away cash of Rs.59,555/-and other articles and fled from the spot. After the incident, F.I.R. was lodged, Banarpal P.S. Case No. 333 of 2020 was registered under Section 395 I.P.C. and in that connection, the petitioner was arrested and forwarded to the court and he is in custody since 24.08.2021.

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Learned counsel for the petitioner submits that there is no material to connect the accused directly to the alleged occurrence and the vehicle said to have been used in the crime

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was only seized and considering the fact that the charge sheet has already been filed, he should be enlarged on bail which is opposed by the learned counsel for the State though admitting that the accused seems not to have any criminal antecedent visà-vis the concerned P.S.

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Learned counsel for the State also apprised the Court that from the other accused, namely, Subrat Bhutia, cash was recovered. Admittedly, no recovery of any of stolen cash was made from the possession from the petitioner. It is also submitted that the T.I.parade could not be held as the complainant did not turn up.

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Having regard to the above facts and the fact that the investigation is over and charge sheet is filed, in the meantime and in view of the fact that no recovery has been made with regard to the stolen cash, except the alleged vehicle claimed to have been used by the miscreants, the Court is of the considered view that the petitioner being in custody for more than two month should be released on bail.

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In the result, it is directed that the petitioner be released on bail on furnishing a bail bond of Rs.40,000/(rupees forty thousand) with two 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 involve himself in similar criminal activities, while on bail; and shall attend the court on each date of posting till the trial is concluded; and shall appear before the IIC of concerned P.S. once in a fortnight preferably on Sunday between 10 A.M. to 1.00 P.M. for a period of next four months.

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The BLAPL is accordingly disposed of.

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

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(R.K.Pattanaik) km Judge

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Ratikanta Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ratikanta Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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