Bela @ Belalsenna Swain @ Belalsen Swain Vs State of Odisha

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioners for bail in connection with Kabisurnayanagar P.S.Case No.442 of 2023 corresponding to G.R. Case No.433 of 2023 pending in the Court of the learned J.M.F.C., Kabisuryanagar for alleged commission of offence under Sections 341, 326, 307, 294, 506/34 of the Indian Penal Code read with Section 25(1-B)(b), 27(1) of Arms Act and Section 3 & 4 of Explosive Substances Act, 1908.

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It is submitted by the learned counsel for the Petitioners that

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the Petitioners are in custody since 17.07.2023. Further, it is contended by the learned counsel for the Petitioners that in the meantime investigation has been concluded and Charge Sheet has been filed. Learned counsel for the Petitioners submitted that even accepting the allegations made in the F.I.R., the allegation of assault has been made against one Manoj Gouda, who is the principal accused and not against the present Petitioners. So far the present Petitioners are concerned, he belongs to the family of the assailant and he was present at the spot. He further contended that none of the witnesses examined by the Police have alleged commission of any overt act by the Petitioners. It is also contended that the Petitioners do not have any criminal antecedents. Learned counsel for the Petitioners also submitted that the allegations made against the Petitioners are omnibus in nature and there is no specific and direct allegation against the Petitioner. In such view of the matter, learned counsel for the Petitioners submitted that the Petitioners be enlarged on bail.

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Learned Additional Standing Counsel referring to the Case Diary submitted before this Court that serious allegations have been made against the Petitioners, who is assailant. He also referring to the rejection order wherein the Court in seisin over the matter has indicated that the injured was admitted to ICU in critical condition. On enquiry being made by the Court, learned Additional Standing Counsel obtained instruction and submitted that the injured has been discharged from the ICU and he is hale and hearty.

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Upon hearing the learned counsels for the respective parties, on careful consideration of the surrounding facts as well as the materials on record, and taking into consideration the period of

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detention and the fact that the Petitioner has no criminal antecedents, the Petitioners be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties 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) The Petitioners shall not indulge in similar nature of offence while on bail.

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ii) shall appear before the trial Court on each and every date of posting without fail.

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iii) shall not tamper with the prosecution evidence

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while on bail;

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iv) shall not threat, influence and coerce the prosecution witnesses in any manner.

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v) they shall appear before the concerned Police Station once in a fortnight for a period of two months preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M., thereafter once in a month till conclusion of the trial.

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vi) Violation of the condition shall entail cancellation of bail.

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The court in seisin over the matter may impose any other condition(s) as deem fit and proper.

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It is further directed that the bail granted to the Petitioners are subject to depositing a cash security of Rs.5,000/- (Rupees Five Thousand) each before the learned Court in seisin over the matter,

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Rubi

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which shall be kept in any Nationalized bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case.

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BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

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Judge

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Signature Not Verified

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Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 25-Apr-2024 15:40:03

Bela @ Belalsenna Swain @ Belalsen Swain v. State of Odisha

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Bela @ Belalsenna Swain @ Belalsen Swain v. State of Odisha

Case brief

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