Allowed

Tuna @ Binay Swain v. State of Odisha

Orissa HC5 Jul 2023BLAPL/4454/2023

Case brief

AI extract

What is this about?

In this bail petition, the High Court of Orissa granted relief to the petitioner. Considering that a co-accused had been released, the chargesheet was submitted, and no criminal antecedents existed, the court enlarged him on bail subject to conditions, including furnishing a bond and sureties.

What did the court decide?

The petition is allowed; the petitioner is released on bail subject to a bond of Rs.50,000 with two sureties and specific conditions of conduct.

Tuna @ Binay Swain Vs State of Odisha — Bail and Remand | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.4454 of 2023

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Tuna @Binay Swain …. Petitioner Mr. A. Mishra, Advocate

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…. Petitioner

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-Versus-

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State of Orissa …. Opposite Party

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Mr. P.K. Rout, AGA

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CORAM:

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MR. JUSTICE R.K. PATTANAIK ORDER

05.07.2023

Order No.

Heard Mr. Mishra, learned counsel for the petitioner and Mr. Rout, learned AGA for the State opposite party.

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Instant petition under Section 439 Cr.P.C. is filed for release of the petitioner on bail in connection with G.R. Case No.804 of 2022 pending in the file of learned S.D.J.M., Kendrapara corresponding to Kendrapara Sadar P.S. Case No.181 of 2022 on the grounds stated therein.

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Mr. Mishra, learned counsel for the petitioner by sharing a copy of the order in BLAPL No.4323 of 2023 in respect of a coaccused submits that the petitioner is similarly situated like him and therefore, he should as well be extended the same relief. It is also submitted that the petitioner has not been identify the TI Parade and likewise, entangled by the local police on the strength of confessional statement of another co-accused, namely, Mutura @ Umesh Chandra Sahoo. It is informed to the Court that in the meantime, chargesheet has already been submitted and one of the

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accused persons having been released by the learned Sessions court and while claiming so, a copy of the order in BLAPL No.127 of 2023 in respect of Mutura @ Umesh Chandra Sahoo is produced in Court today. With the above submission, Mr. Mishra prays for release of the petitioner on similar terms and conditions as imposed on the co-accused persons.

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Mr. Rout, learned AGA for the State opposite party, however, submits that some stolen articles are shown to have been recovered and seized from the petitioner which prima facie proved his involvement in the alleged crime. In reply Mr. Mishra, learned counsel for the petitioner submits that some other articles have also been recovered from the co-accused, who has been released on bail by this Court’s order in BLAPL No.4323 of 2023.

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A copy of the TI Parade report is not available for perusal of the Court. However, having regard to the fact that another accused has been granted bail by this Court in BLAPL No.4323 of 2023 so also the accused, namely, Mutura @ Umesh Chandra Sahoo by the learned Sessions court in BLAPL No.127 of 2023 and recording the submission of Mr. Mishra that the petitioner has also not been identified during the TI Parade, the Court is of the view that he should be enlarged on bail subject to conditions. The Court is also the view that since the chargesheet is submitted and according to Mr. Mishra, the petitioner is having no criminal antecedent, no real purpose would be served by detaining him in judicial custody.

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Accordingly, it is ordered.

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In the result, the petition stands allowed with a direction for release of the petitioner on bail in connection with G.R. Case No.904 of 2022 corresponding to Kendrapara Sadar P.S. Case

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No.181 of 2022 on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two solvent sureties for the like amount each to the satisfaction of the learned S.D.J.M., Kendrapara, who shall impose such other conditions as deemed just and necessary in the facts and circumstances case besides the following, such as, he shall not involve himself in any such similar criminal activity, while on bail.

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A certified copy of this order be granted as per rules.

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(R.K. Pattanaik)
Judge
Tudu

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Signature Not Verified

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Digitally Signed Signed by: THAKURDAS TUDU Designation: Sr. Stenographer Reason: Authentication Location: OHC,CTC Date: 06-Jul-2023 14:42:30

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Tuna @ Binay Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Tuna @ Binay Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

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