Babul @ Subharaj Naik Vs State of Odisha — Orissa HC (2024) — LawSathi Research

Babul @ Subharaj Naik Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released on furnishing bail bond of Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the learned J.M.F.C., Reamal, subject to conditions (no similar offences; personal appearance on each adjournment; no intimidation of witnesses, failing which the trial court may cancel bail outright); certified copy of the order granted to the petitioner on proper application.

Issue for consideration

Whether the petitioner, in custody since 11.09.2024 for offences under Sections 115(2), 324(5) and 310(2) of B.N.S, 2023, should be enlarged on bail under Section 483 of BNS, 2023.

Court's answer

The bail application is allowed because the offences alleged against the petitioner are Magistrate triable in nature and all the stolen properties have already been recovered and seized.

Ratio / Principle

The petitioner is to be released on bail on furnishing a bail bond of Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the learned J.M.F.C., Reamal, subject to conditions of not committing similar crimes, personal appearance on each adjournment, and abstention from terrorising, coercing, influencing or threatening prosecution witnesses.

Key takeaways

On failure to comply with the bail conditions, the learned trial court is authorised to cancel the bail outright without seeking permission from this Court.ratio¶¶26

Detailed headnote1 paragraphs

Bail — Application under Section 483 of BNS, 2023 — Offences punishable under Sections 115(2), 324(5) and 310(2) of B.N.S, 2023 arising out of Kundhegola P.S. Case No.200 of 2024 / C.T. Case No.391 of 2024, pending before the learned J.M.F.C., Reamal — Allegation of theft of electric cables in association with others; petitioner implicated on the basis of the confessional statement of a co-accused; in custody since 11.09.2024 — Held, offences being Magistrate triable and all stolen properties already recovered and seized, bail allowed on bond of Rs.50,000/- with two solvent sureties each for the like amount — Conditions imposed: no involvement in similar crime, personal appearance on each adjournment, no terrorising/coercing/influencing/threatening prosecution witnesses — On breach, learned trial court authorised to cancel bail outright without permission of this Court.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10772 of 2024

Babul @ Subhraraj Naik

…. Petitioner Mr. S.K. Lenka , Advocate

-versus-

State of Odisha

…. Opposite Party

Ms. Babita Sahoo,A.S.C.

CORAM:

HON’BLE JUSTICE ANANDA CHANDRA BEHERA

ORDER

Order No.

02.

04.11.2024

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

This bail application under Section 483 of BNS, 2023 of the petitioner has arisen out of C.T. Case No.391 of 2024 in connection with Kundhegola P.S. Case No.200 of 2024 for the offences under Sections 115(2), 324(5) and 310(2) of B.N.S, 2023 pending in the court of learned J.M.F.C., Reamal.

I have already heard from the learned counsel for the petitioner and learned Additional Standing Counsel for the State.

The petitioner is in custody since 11.09.2024 having been implicated with the offences punishable under Sections 115(2), 324(5) and 310(2) of B.N.S, 2023 on the allegation of commission of theft of some electric cables being associated with others and he has been implicated to the case on the basis of the confessional statement of his co-accused.

Learned counsel for the petitioner submitted that, the offence alleged against the petitioner is Magistrate Triable in nature and all the stolen properties have already been recovered and seized and the substantial parts of the investigation of the case has already been

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completed, for which, he should be allowed to go on bail.

Learned Additional Standing Counsel for the State opposed the same contending that, in case of release of the petitioner on bail, there is every possibility of influencing the witnesses of the prosecution, for which, he should not be allowed to go on bail.

As the offences alleged against the petitioner are Magistrate triable in nature and all the stolen properties have already been recovered and seized, for which, the bail application of the petitioner is allowed.

He (petitioner) is allowed to go on bail on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned J.M.F.C., Reamal with the conditions that :-

(i) He (petitioner) shall not involve with similar nature of crime in future.

(ii) He shall appear before the court personally on each date of adjournment of the case.

(iii) He shall not terrorize, coerce, influence or threat any witnesses to the prosecution either directly or indirectly in any manner whatsoever at any stage of the proceeding of the case, but, in case of his failure to comply any of the aforesaid conditions, the learned trial court is authorized to cancel his bail order outrightly without seeking any permission for the same from this Court.

Accordingly, the bail application of the petitioner is disposed of finally.

Grant certified copy of this order to the petitioner on proper application.

Signature Not Verified

Digitally Signed Signed by: JAGABANDHU BEHERAJagabandhu Designation: Personal Assistant Reason: Authentication Location: OHC, CUTTACK Date: 04-Nov-2024 15:45:45

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