Jugal Behera Vs State of Odisha — Bail and Remand | Orissa HC (2024)

Jugal Behera Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

Petitioner released on bail in Odagaon P.S. Case No.217 of 2024 / G.R. Case No.366 of 2024 on furnishing bail bond of Rs.50,000.00 with two local solvent sureties each for the like amount, with conditions including appearance on each trial date and abstention from criminal activities; BLAPL disposed of accordingly.

Issue for consideration

Whether the petitioner, in judicial custody since 23.09.2024 in connection with Odagaon P.S. Case No.217 of 2024 / G.R. Case No.366 of 2024 for offences under sections 333/74/75/76/78/296/351(3) of B.N.S., 2023, should be released on bail under section 483 of B.N.S.S., 2023.

Court's answer

Considering the submission that the petitioner is in judicial custody since 23.09.2024, the nature of accusation against the petitioner, and after hearing learned counsel for the State, the Court was inclined to release the petitioner on bail.

Ratio / Principle

The petitioner was ordered to be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000.00 with two local solvent sureties each for the like amount, to the satisfaction of the Court in seisin over the matter, with further terms and conditions as the learned trial Court may deem just, including that the petitioner shall appear before the trial Court on each trial date and shall not indulge in any criminal activities.

Key takeaways

Violation of any of the bail conditions shall entail cancellation of bail.ratio¶25

Detailed headnote1 paragraphs

Bail application under section 483 of B.N.S.S., 2023 (High Court of Orissa at Cuttack, Justice S.K. Sahoo, order dated 18.10.2024) in connection with Odagaon P.S. Case No.217 of 2024 corresponding to G.R. Case No.366 of 2024 pending before the learned J.M.F.C.-cum-Nyayadhikari, Grama Nyayalaya, Odagaon, for offences under sections 333/74/75/76/78/296/351(3) of B.N.S., 2023. Considering that the petitioner was in judicial custody since 23.09.2024, the nature of accusation, and after hearing learned counsel for the State, the Court released the petitioner on bail on furnishing a bail bond of Rs.50,000.00 with two local solvent sureties each for the like amount, subject to conditions including appearance before the trial Court on each trial date and abstention from criminal activities; violation of any condition to entail cancellation of bail. BLAPL allowed/disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10287 of 2024

Jugal Behera

…. Petitioner

Mr. B. K. Sahoo, Advocate

-versus-

State of Odisha

…. Opp. Party

Mr. Arupananda Das

Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

01.

18.10.2024

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 483 of B.N.S.S., 2023 in connection with Odagaon P.S. Case No.217 of 2024 corresponding G.R. Case No.366 of 2024 pending in the Court of learned J.M.F.C. -cum- Nyayadhikari, Grama Nyayalaya, Odagaon for the offence under sections 333/74/75/76/78/296/351(3) of B.N.S., 2023.

Considering the submission of the learned counsel

for the petitioner that the petitioner is in judicial custody since 23.09.2024, the nature of accusation against the

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petitioner and after hearing learned counsel for the State, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just including the conditions that the petitioner shall appear before the learned trial Court on each date to which the case would be posted for trial and shall not indulge in any criminal activities.

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

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

(S.K. Sahoo) Vacation Judge

M.K.Rout

Signature Not Verified

Digitally Signed Signed by: MANOJ KUMAR ROUT Reason: Authentication Location: ORISSA HIGH COURT Date: 21-Oct-2024 15:15:00

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