Allowed

Sankuru @ Manoj Dalai v. State of Odisha

Orissa HC14 Aug 2024BLAPL/1181/2024

Case brief

AI extract

What is this about?

The High Court of Orissa allowed a second bail application of an accused slapped with charges of robbery and attempted murder. After reviewing custody duration and co-accused release, the court granted bail subject to stringent terms including travel restrictions, police appearance, and non-intimidation.

What did the court decide?

Petitioner released on bail with terms to appear before police station twice weekly and not leave territorial jurisdiction without permission.

Sankuru @ Manoj Dalai Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.1181 of 2024

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Sankuru @ Manoj Dalai ….

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Petitioner

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Ms. D. Behuray, Advocate

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-versus-

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State of Orissa

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…. Opposite Party

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Mr. P.K. Mohanty, ASC

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CORAM: JUSTICE V. NARASINGH ORDER

14.08.2024

Order No.

04.

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

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The Petitioner is an accused in connection with C.T. No.957 of 2022 pending on the file of learned JMFC, Soro, arising out of P.S. Case No.444 of 2022 for commission of offence alleged under Sections-395/307 of IPC read with Section 25/27 of Arms Act.

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Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Assistant Sessions Judge, Soro by order dated

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04.10.2023 in the aforementioned case, the present BLAPL has been filed.

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This is the second journey of the Petitioner to this Court. Earlier the bail application of the Petitioner was rejected by order dated 13.01.2023 in BLAPL No.12379 of 2022 by this Court since the same was during currency of investigation.

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It is stated by the learned counsel that the Manas Kumar Panda and Rakesh Kumar Samal have already been examined as P.Ws.3 & 4. Hence, it is submitted that the Petitioner’s bail application may be considered liberally taking into account the period in custody since 02.11.2022.

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The deposition of witnesses P.Ws 3 & 4 filed by the learned counsel for the Petitioner are taken on record.

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Learned counsel for the State referring to such deposition opposes the prayer for bail and also in view of the criminal antecedent of the Petitioner.

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It is further submitted by the learned counsel for the Petitioner that the co-accused (sipu @ Basudev Samal @ Basodeba Samal) has since been released on bail by order dated 23.07.2024 by this Court in BLAPL No.6820 of 2024. Hence on the ground of parity, the Petitioner seeks release.

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The instruction received by the learned Public Prosecutor indicating that the complainant in the case

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at hand is not a vicitim in Khaira P.S. case No.203 of 22 and the Petitioner has no complicity in the said case is taken on record.

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Considering the Period in custody since 02.11.2022 and release of the co-accused, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

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Additionally, it is directed that the Petitioner shall not leave the territorial jurisdiction of the learned Court in seisin without its express permission and shall appear before the jurisdictional police station twice every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

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It is further directed that the Petitioner shall not in any way try to intimidate the informant and his family.

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It shall be open for the informant/ Prosecution to seek variance of this order in the event there is any threat perception.

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Accordingly, the BLAPL stands disposed of. 16. Urgent certified copy of this order be granted as per the rules.

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Signature Not Verified

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Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Soumya Date: 16-Aug-2024 19:20:51

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V. NARASINGH) Judge

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Sankuru @ Manoj Dalai v. State of Odisha

Case brief

What is this about?

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Sankuru @ Manoj Dalai v. State of Odisha

Case brief

What is this about?

What did the court decide?

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