Kalim Khan@Raju Vs State of Odisha

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the StateOpposite Party. Perused the materials placed before this Court.

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The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with G.R. Case No.802 of 2023, arising out of Khurda Model P.S. Case No.553 of 2023, pending in the Court of learned S.D.J.M., Khurda, for alleged commission of offences punishable under Sections 341/323/307/506/34 of the I.P.C.

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It is submitted by the learned counsel for the Petitioner that earlier this matter was not before any other Bench of this

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Court. He further submitted that the Petitioner is in jail custody since 07.09.2023. He further submitted that in the meantime investigation has been concluded and final charge sheet has been filed. Further, referring to the allegation made in the F.I.R., learned counsel for the Petitioner submitted that injured has sustained grievous injury. However, after preliminary treatment, he has been discharged from hospital. He also contended that the Informant is the injured. Learned counsel for the Petitioner further submitted that the Petitioner is having six criminal antecedents. Out of which, in three cases, he has been acquitted and in three cases he was on bail. He further submitted that the Petitioner belongs to the locality, therefore, there is no chance of this absconding. On such ground, learned counsel for the Petitioner submitted that the Petitioner be released on bail subject to any terms and conditions and taking into consideration the fact that the Petitioner is languishing in jail custody since 07.09.2023.

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Learned counsel for the State, on the other hand, opposed the release of the Petitioner on bail on the ground that the Petitioner is having several criminal antecedents and that the injury sustained by the injured is grievous in nature.

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Considering the submissions made by the learned counsels appearing for the respective parties and upon a conspectus of the surrounding facts and circumstances of the present case and further taking into consideration the periodical custodial detention, this Court is inclined to release the Petitioner on bail.

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Hence, it is directed that the Petitioner be released on bail

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in the aforesaid case on furnishing bail bond of Rs.35,000/(Rupees thirty five thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. The release of the Petitioner shall also be subject to such other terms and conditions that would be fixed by the Court in seisin over the matter. While imposing conditions, the Court in seisin over the matter shall also impose conditions whereby the Petitioner shall appear before the trial court on each and every date of posting of the case; he shall not threaten the Informant and his family members in any manner while on bail; and he shall not influence, threaten or induce any of the prosecution witnesses while on bail. Violation of any of the condition shall entail cancellation of bail.

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