Allowed

Bapina @ Bansidhar Mohanty v. State of Odisha

Orissa HC25 Apr 2024BLAPL/1484/2024

Case brief

AI extract

What is this about?

Bail application allowed. Court released the petitioner on bail in a case involving alleged offences under Sections 363 and 364(A) IPC, noting that the matter had been amicably settled between the petitioner and the informant who filed an affidavit no-objectioning the release. Stringent conditions and bonds were imposed.

What did the court decide?

Bail granted on furnishing bail bond of Rs.35,000/- with two local solvent sureties each for the like amount.

Bapina @ Bansidhar Mohanty Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1484 of 2024

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Bapina @ Bansidhar Mohanty

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.....

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Petitioner

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Represented By Adv. - Pratik Nayak

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-versus-

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State Of Odisha

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..... Opposite Parties

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Represented By Adv. – P.C.Das, ASC A.K.Raut,Adv. for Informant

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

25.04.2024

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

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Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party as well as learned counsel appearing for Informant. 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 C.T. Case No.126 of 2024, arising out of Soro P.S. Case No.72 of 2024, pending in the Court of learned J.M.F.C., Soro for alleged commission of offence punishable under Sections 363, 364(A) of the IPC.

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Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned Senior counsel for the Petitioner that the Petitioner in custody since 30.01.2024. He further contended that in the meantime the

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Page 1 of 3.

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investigation has been progressed substantially and the charge sheet is likely to be filed very soon. Further, referring made in the F.I.R. it was submitted that the informant is the sister-in-law of the present Petitioner. Learned counsel for the Petitioner submitted that the allegations made in the F.I.R. are baseless. Further it was contended that the Petitioner due to some grudge, had taken and detained the children of the informant in the house of one of the Petitioner’s relative. Thereafter, the present informant has lodged the case against the present Petitioner. Further it was also contended that since the Petitioner belongs to locality, there is no chance of him absconding. In such view of the matter learned counsel for the Petitioner contended the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

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Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that the allegations made in the F.I.R. are very serious in nature. Further, contended that the investigation is still on and in the event the Petitioner is released on bail there is cause delay in investigation as well as cause unnecessary delay in conclusion of the trial. Therefore, on such ground, the bail application of Petitioner be rejected at this juncture.

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Learned counsel for the Informant on the other hand contended that the matter has been amicably settled between the petitioner and the informant. Further it was also contended that the informant does not want to proceed in the present matter. Moreover, it was contended that the informant and the Petitioner are sister-in-law and brother-in-law respectively. On such ground, learned counsel for the Informant submitted that the Petitioner be released on bail and he will have no objection.

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Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on

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Page 2 of 3.

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record, further taking into consideration the contentions raised by the learned counsel for the Informant and the affidavit filed in Court today by the informant, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

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Hence, it is directed that the Petitioner be released on bail 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 learned court in seisin over the matter.

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It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper.

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Violation of any other conditions shall entail cancellation of the

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bail application.

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The BLAPL is, accordingly, disposed of.

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( A.K. Mohapatra) Judge

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Anil

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Page 3 of 3. Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 26-Apr-2024 17:11:15

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Signature Not Verified

Bapina @ Bansidhar Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bapina @ Bansidhar Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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