Allowed

Dushmanta Pradhan v. State of Odisha

Orissa HC15 Sept 2023BLAPL/9935/2023

Case brief

AI extract

What is this about?

The Court disposed of a bail application filed by an accused in a rioting case. After hearing counsel, the petitioner was released on bail upon furnishing a bond and complying with specific reporting conditions to the police station. Violation of terms would result in bail cancellation.

What did the court decide?

Release of petitioner on bail on furnishing bond of Rs. 40,000 with two sureties and compliance with reporting conditions to the police station.

Dushmanta Pradhan Vs State of Odisha — Bail and Remand | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

BLAPL No.9935 of 2023

¶3

Dushmanta Pradhan

¶4

…. Petitioner

¶5

Mr. S.N. Mishra 4, Advocate

¶6

-versus-

¶7

State of Odisha

¶8

…. Opposite Party Mr. A.P. Das, A.S.C.

¶9

CORAM:

¶10

JUSTICE A.K. MOHAPATRA

ORDER

Order No.

15.09.2023

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

¶15

Heard learned counsel for the petitioner and learned counsel for the State. Perused the F.I.R., case diary and other relevant documents on record.

¶16

This is an application under Section 439 of the Criminal Procedure Code.

¶17

The petitioner is an accused in C.T. Case No.639(A)/08 of 2012-17 arising out of Sinapali P.S. Case No.209 of 2012 pending in the court of learned J.M.F.C., Sinapali for commission of offence punishable under Sections 147/148/427/451/436/149, I.P.C.

¶18

It is submitted by learned counsel for the petitioner that the petitioner is in custody since 07.02.2023. He further submits that the petitioner has been falsely implicated in the present case. It is further contended by learned counsel for the petitioner that on similar

¶19

Page 1 of 2

¶20

// 2 //

¶21

footing with the present petitioner, other accused persons have already been released on anticipatory bail by the coordinate Bench of this Court vide order dated 05.01.2016 in ABLAPL No.18346 of 2015. Since the petitioner was all along in his village, the police showing him as an absconder on record and the bail application of the petitioner was rejected by the learned court on the ground that he is an absconder. It is also submitted by learned counsel for the petitioner that the petitioner has three criminal antecedents out of which he has been released on bail in one case by this Court in BLAPL No.3754 of 2023 and the petitioner is ready and willing to abide any terms and conditions as would be fixed by this Court and the case of the petitioner may be considered favourably.

¶22

Leaned Additional Standing Counsel for the State vehemently, opposes the prayer for bail of the petitioner and submits that in the event the petitioner released on bail, most likely he will influence the prosecution witnesses, which caused for delay in trial of the case and also he may abscond for several years. Accordingly, bail application of the petitioner should be rejected at this juncture. 7. Considering the submissions made by learned counsel for the respective parties, conspectus of surrounding facts on the allegations, the role of the petitioner and period of detention of the petitioner, it is directed that let the petitioner be released on bail on furnishing a bail bond of Rs.40,000/- (rupees forty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. While releasing the petitioner on bail, the court in seisin over the matter to impose any other conditions as would be deemed just and proper one of the conditions that :-

¶23

I. the petitioner shall appear before the concerned

¶24

// 3 //

¶25

Rubi

¶26

Police Station once in a fortnight preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M. for a period of three months and thereafter he shall appear once in a month till conclusion of trial.

¶27

Violation of any of the terms and conditions shall entail cancellation of bail.

¶28

The Bail Application is accordingly disposed of.

¶29

Urgent certified copy of this order be granted on proper

¶30

application.

¶31

( A.K. Mohapatra )
Judge

¶32

Signature Not Verified

¶33

Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: Orrisa High Court,Cutta ck Date: 21-Sep-2023 12:53:50

Dushmanta Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dushmanta Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Balaram Singh Vs State of Odisha

Dambarudhara Behera Vs State of Odisha

Subas Chandra Panda Vs State of Odisha

Kalia Naik Vs State of Odisha

Saubhagya Kumar Swain Vs State of Odisha

Dushmanta Pradhan Vs State of Odisha