Allowed

Khokan @ Susanta Behera v. State of Odisha

Orissa HC16 May 2022BLAPL/3423/2022

Case brief

AI extract

What is this about?

Application for bail under Section 439 CrPC in connection with offences under IPC and Explosive Substances Act. The High Court, considering custodial detention duration and lack of evidence seizure, ordered release on bail with security and standard conditions to appear in court and not tamper with evidence.

What did the court decide?

Release of Petitioners on bail on furnishing a bond of Rs. 30,000/- each with one local solvent surety each, subject to specified conditions.

Khokan @ Susanta Behera Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.3423 of 2022

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Khokan@ Susanta Behera and …. Petitioners another

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Mr.Susanta Kumar Mishra , Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr. M.K.Mohanty, A.S.C..

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

16.05.2022

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel.

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This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Jatni P.S.Case No.669 of 2021 corresponding to G.R.Case No.710 of 2021 pending in the Court of the learned J.M.F.C., Jatni for alleged commission of offence under Sections 294,506/34 of the Indian Penal Code read with Section 3 & 4 of Explosive Substances Act, 1908.

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It is submitted by the learned counsel for the Petitioner that the Petitioner is languishing in jail custody since 13.12.2021 and after completion of investigation, the Investigating Agency submitted charge sheet in this case. It is submitted by the learned counsel for the Petitioners that nothing has been seized from the conscious possession of the Petitioners. It is further submitted by the learned counsel for the Petitioners that since the Petitioners are permanent

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inhabitants of their villages, there is no chance of their absconding or fleeing from receiving justice. They are ready to cooperate with the trial and they are ready and willing to abide any terms and conditions that may be imposed by this Court.

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Learned Additional Standing Counsel vehemently opposes the prayer for bail of the Petitioner and submits the petitioners abused the informant in obscene languages and threw bombs on her with an intention to kill her. Accordingly, learned Additional Standing Counsel urges rejection of bail application of the Petitioners.

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Having heard learned counsel for the parties, considering the surrounding circumstances of the case and the period of custodial detention of the Petitioners, I am inclined to grant bail to the Petitioners and it is directed that let the Petitioners be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) each with one local solvent surety each for the like amount to the satisfaction of the learned court in seisin over the matter subject to the following terms and conditions:

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i) they shall not indulge himself in any similar nature of offence.

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ii) shall appear before the trial court on each and every date fixed by the trial court till conclusion of trial.

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iii) shall not tamper with the prosecution evidence.

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iv) shall not influence or threaten any prosecution witnesses while on bail.

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v) they shall appear before the concerned Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 1 P.M. till conclusion of trial.

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vi) Violation of any of the terms and conditions shall entail

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cancellation of bail.

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The trial court may impose any other condition(s) as deem fit and proper.

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BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

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RKS

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( A.K. Mohapatra ) Judge

Khokan @ Susanta Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Khokan @ Susanta Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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